JUDGMENT

Dated : 30^th January, 2025 The petitioner in OP(MV).331/2002 on the file of the Motor Accidents Claims Tribunal, Thalassery is the appellant. He filed the above OP under Section 166 of the Motor Vehicles Act claiming compensation for the injuries sustained in a motor vehicle accident that occurred on 25.12.2000. According to the petitioner, while he was travelling in a scooter bearing registration No.KL-14-3761 as pillion rider, the 1^st respondent who was the rider of the motor cycle driven the same in a rash and negligent manner and the motor cycle capsized and he sustained grievous injuries. The 2^nd respondent is the insurer and 3^rd respondent is the owner of the above motor cycle. In the OP he claimed a compensation of Rs.4,00,000/-.

2. The 2^nd respondent filed a written statement admitting the insurance coverage and disputing the negligence on the part of the 1^st respondent. A further contention was taken by the 2^nd respondent that since the petitioner was a pillion rider, the 2^nd respondent is not liable to pay any compensation to the petitioner.

3. The evidence in the case consists of the oral testimony of PW1 and Exts.A1 to A6 and X1. After evaluating the evidence on