JUDGMENT

These appeals are filed by the claimants in O.P (MV)

Nos. 2050 and 2051 of 2006 on the file of the Motor Accidents Claims Tribunal, Ernakulam, against the dismissal of the award passed by the tribunal. The respondents herein are the respondents before the tribunal.

2. The facts of the case are as follows: On

28.06.2006, while the claimants were travelling on a motorcycle bearing Reg.No.KL-4 V-6078, an autorikshaw bearing Reg.No.KL-7/BC 7249 driven by the 2^nd respondent in a rash and negligent manner hit against the motorcycle. Thus both the claimants who were rider and pillion rider, sustained injuries.

3. The 1^st, 2^nd and 3^rd respondents were the owner, driver and insurer of the offending vehicle respectively. The first and second respondents remained ex parte before the tribunal. The third respondent filed a written statement admitting the accident but disputing the quantum of compensation claimed and denying liability stating that it was due to negligence from the part of the claimant. PWs 1 and 2 were examined. Exts.A1 to A16 were marked. The tribunal, after analysing the pleadings and materials on record, dismissed both the claim petitions for the reasons that the rider