JUDGMENT

This appeal has been filed by the 4^th respondent, insurer in O.P (MV) No.2592 of 2006 on the files of the Motor Accidents Claims Tribunal, Thrissur. The respondents herein were the petitioner and respondents 1 to 3 before the tribunal.

2. The brief facts of the case are as follows:- On 25.05.2006 at about 2.30 PM, while the claimant was traveling as a pillion rider along with two other pillion riders on the motorcycle bearing registration No.KL-8/V-4602, ridden by the 3^rd respondent in a rash and negligent manner through Karyavattom – Shanmugham public road, the rider lost his control over the motorcycle and hit on an electric post and thereby the claimant sustained serious injuries. The 1^st respondent was the owner, the 2^nd respondent was the policy holder and the 4^th respondent was the insurer of the offending vehicle. The claimant approached the tribunal claiming a total compensation of ₹1,00,000/-.

3. The respondents 1 to 3 remained ex-parte before the tribunal. The 4^th respondent insurer admitted the policy, but according to insurer, the motorcycle was overloaded with four persons and the overload resulted in the accident. Therefore, they disputed the liability and quant