JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.1823 of 2001 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda seeking enhancement of compensation as well as challenging the finding of the tribunal fixing the liability upon the 4^th respondent, owner of the vehicle. The respondents herein were the respondents before the tribunal.

2. According to the claimant, on 17.07.2001 at about 1 p.m., while the claimant was travelling as a passenger in an autorickshaw bearing Reg.No.KL-8/G 8329 driven by 2^nd respondent through Chalakudy-Angamaly Sector of NH 47 and when the autorickshaw reached near Koratty Junction a tanker lorry bearing Reg.No.TN 47/C 9229 driven by 5^th respondent in a rash and negligent manner, came from the opposite direction and collided with the autorickshaw, as a result claimant sustained serious bodily injuries. The claimant approached the tribunal claiming compensation of ₹2,58,000/- which was limited to ₹1,00,000/-.

3. The first and second respondents who were the registered owner and the driver of the auto-rickshaw remained ex-parte before the tribunal. The third respondent, insurer of the auto- rickshaw, filed a written statement admitting t