JUDGMENT

This appeal is filed by the claimant in OP (MV) No.1973 of

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

2. According to the claimant, on 05.10.2010 at about

07.30 a.m., while the claimant was travelling in an autorickshaw bearing registration No.KL-7/BG-7832 driven by the second respondent in a rash and negligent manner along Thoppumpady – Ernakulam road, it hit against a pickup jeep bearing registration No.KL-40/C-7916 and as a result, the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹8,27,000/-, which is limited to ₹5,00,000/-.

3. Though notice was issued to the first and second respondents, the owner and the driver of the autorickshaw, they remained absent and were set ex parte before the tribunal. The third respondent insurer of the autorickshaw filed a written statement, admitting the insurance policy, disputing the liability and quantum of compensation claimed. They further contended that there was no valid fitness certificate for the autorickshaw at the time of accident. The fourth res