JUDGMENT

This appeal is filed by the third respondent/ insurer of the offending car involved in the accident, challenging the award passed by the tribunal, which imposed liability on the appellant – insurer to pay the compensation amount to the claimant. The respondents herein are the claimant and respondents 1 and 2 before the tribunal.

2. The brief facts of the case are as follows: on

08.10.2008, at about 10.00 a.m., while the claimant was walking along the Koduvally – Wayanad public road, a car bearing registration No.KL-57-5262 driven by the second respondent in a rash and negligent manner hit against the claimant and as a result, the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹1,00,000/-.

3. Though notice was issued to the first respondent, the owner of the offending vehicle, remained absent and was set ex parte before the tribunal. The second and third respondents, the driver and the insure