JUDGMENT

This appeal is filed by the claimant in O.P(MV) No.612 of

2007 on the file of the Motor Accidents Claims Tribunal, Palakkad, challenging the dismissal of the claim petition by the tribunal. The respondents herein are the respondents before the tribunal.

2. According to the claimant, on 03.06.2006 at about 6.30 p.m., while the claimant was pillion riding on a motor cycle bearing reg. No. TN39AB6601 ridden by the second respondent in a rash and negligent manner, which hit against a tree on the roadside at Puchode, Adiperanda, and thereby the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹4,00,000/-.

3. The first and second respondents, the owner and the rider of the offending motorcycle respectively, filed a written statement admitting the accident, but denying the negligence attributed on the part of the second respondent. The second respondent claimed that he had a valid driving licence at the relevant time of accident. The third respondent – insurer filed a written statement admitting the insurance policy, disputing the liability and quantum of compensation claimed. In the additional written statement the third re