J U D G M E N T

This appeal is directed against dismissal of OP(MV)No.368 of

2005 on the file of the Motor Accidents Claims Tribunal, Thodupuzha.

2. The appellant, who was the claimant in the above OP(MV), met with a road traffic accident on 24.06.2004 at 6.00 p.m., while he was riding a motorcycle through Kattappana - Vallakadavu Road. When his motorcycle reached Plamoodu, KL-6/B-2872 autorickshaw, which was proceeding in front, suddenly swerved towards right side, in a rash and negligent manner, without giving any signal, thereby the motorcycle happened to hit on the autorickshaw and the appellant fell down and sustained injuries. He was admitted and treated at St. John’s Hospital, Kattappana, and from there, he was referred to Amrutha Institute of Medical Sciences and Research Centre, Kochi, where he was admitted and treated from 25.06.2004 to 05.07.2004.

3. R3 was the driver of the autorickshaw, R1 was the owner and R2 was the Insurer. The policy is not disputed.

4. The appellant approached the Tribunal claiming compensation of Rs.2,00,000/-. But, the Tribunal dismissed his claim, finding that he failed to prove that the accident occurred, due to the negligence of the auto driver. A