J U D G M E N T

The petitioner, who sustained injuries in an accident alleged to have been occurred on 19.01.2007 while riding as pillion in a motorcycle bearing Registration No.KL-16/A-6527 ridden by one Sinu, approached the Tribunal and claimed compensation to the tune of Rs.1,50,000/-. According to the petitioner, the accident was the contribution of the 2nd respondent, who had driven a private stage carriage bearing Registration No. KL-16/C-2178 at the time of the accident in a rash and negligent manner.

2. The insurance company filed written statement and disputed the accident as well as the quantum of compensation. Specific plea raised to the effect that the accident was the outcome of collision between 2 vehicles and therefore the petition is bad for non-joinder of parties.

3. The Tribunal without adducing any oral evidence marked Exts.A1 to A9 series on the side of the petitioner. No evidence adduced on the side of the contesting respondents. Finally the Tribunal found that the rider of the motorcycle (petitioner claimant) and the 2nd respondent were negligent. After holding so, the Tribunal found 50% negligence on the part of the petitioner and 50% on the part of the 2nd resp