J U D G M E N T

This appeal is filed by the claimant in O.P (MV) No. 986 of 2009 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, dissatisfied with the quantum of compensation awarded by the Tribunal. The respondents herein are the respondents before the Tribunal.

2. The case of the claimant is that on 11.9.2008 at about 7 pm, while the claimant was riding the motor cycle bearing Reg.No.KL-45- 8289 through NH 47 of Ernakulam-Thrissur sector, when it reached Potta Retreat Centre Junction, the tanker lorry bearing Reg.No. KL-8/H 1101, driven by the 2nd respondent in a rash and negligent manner, after overtaking the motorcycle, abruptly applied a sudden brake, to which the motorcycle hit against the tanker lorry, resulting in causing injuries to the claimant. The claimant approached the tribunal claiming a total compensation of ₹26,16,000/- limited to ₹15,00,000/-.

3. The 1st and 2nd respondents/the owner and the driver of the offending vehicle, remained absent from the proceedings and were set ex parte before the Tribunal. The third respondent/insurer of the offending vehicle filed a written statement admitting the policy and disputing the quantum of compensation claim