J U D G M E N T

Dated this the 27^th day of January, 2025

The petitioner in O.P.(M.V.) No.1107/2008 on the file of the Motor Accident Claims Tribunal, Pala is the appellant herein. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal)

2. The petitioner filed the above O.P. under Section 140 and 166 of the Motor Vehicles Act, 1988 , claiming compensation for the injuries sustained in a motor vehicle accident that occurred on 27.07.2006. According to the petitioner, on 27.07.2006 while she was walking along the Chempu – Palamkadavu road, she was knocked down by a motor bike bearing registration No.KL-5M/8174 driven by the 1^st respondent in a rash and negligent manner and in excessive speed. As a result of the accident, the petitioner sustained serious injuries.

3. The 1^st respondent is the driver, the 2^nd respondent is the owner and 3^rd respondent is the insurer of the offending vehicle. According to the petitioner, the accident occurred due to the negligence of the driver of the offending vehicle. The quantum of compensation claimed in the O.P. is Rs.2,80,000/-, (claim is limited to 2,00,000/-).

4. The insurance company filed a wri