JUDGMENT

[MACA Nos.1445/2015, 49/2023]

This appeal is filed by the 3rd respondent/insurance company challenging negligence and the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Tirur, in O.P (MV) No.144 of 2013. The Cross Objection is filed by the claimant seeking enhancement of compensation awarded by the tribunal.

2. According to the claimant, on 18.05.2010, at about

7.30 p.m., while the claimant was pillion riding on a motorcycle bearing Reg.No.KL-03-Q-5802 from Kolappuram to Cholakkund, a goods autorickshaw bearing Reg.No.KL-55-A-3471 driven by the second respondent which was parked on the side of the road suddenly took the vehicle towards right side in a rash and negligent manner hit against the motorcycle and as a result, claimant sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹18,77,000/- which is limited to ₹15,00,000/-.

3. Though notice was served on the respondents, the first and second respondents, who were the owner and the driver of the offending vehicle remained absent and were ex- parte before the tribunal. The third respondent, insurer filed a written statement admitting the policy but disputing the l