JUDGMENT :

The petitioner in OP(MV).1475/2009 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, is the appellant. For the purpose of convenience, the parties are referred to as per their rank before the Tribunal.

2. According to the petitioner on 30.8.2009 at about 2.30 p.m. while he was riding a motorcycle, a Maruthi car bearing registration No.KL-8/Q-3564 driven by the 2^nd respondent in a rash and negligent manner hit against the motorcycle of the petitioner and as a result of which he along with the pillion rider fell down and sustained serious injuries.

3. The 1^st respondent is the owner and 3^rd respondent is the insurer of the Maruthi car. 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.45,80,000/- limited to Rs.25,00,000/-.

4. The insurance company filed a written statement, admitting the accident as well as policy, but disputing the negligence on the part of the driver of the offending vehicle.

5. The evidence in the case consists of Exts.A1 to A29 marked from the side of the petitioner and Exts.X1 to X3. No evidence was adduced by the respondents