JUDGMENT

This appeal is filed by the claimant in OP(MV) No.357 of

2010 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, claiming enhancement of compensation. The respondents herein are the first and third respondents before the tribunal.

2. According to the claimant, on 21.12.2009 at about 3.30 p.m., while the claimant was walking through Marina–Shala public road, a goods autorickshaw bearing registration No.KL- 45-B-7663 driven by the second respondent in a rash and negligent manner came from behind and knocked down the claimant, whereby she sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹4,79,641/- which is limited to ₹2,00,000/-.

3. Though notice was served on the first and second respondents, the owner and the driver of the autorickshaw respectively, they remained absent and were set ex parte before the tribunal. The third respondent - insurer filed a written statement and additional written statement, admitting the insurance policy, disputing the liability and quantum of compensation claimed. Before the tribunal, Pw’s.1 to 3 were examined and Exts.A1 to A9 were marked. The tribunal, after analysing the pleadings