JUDGMENT

This appeal has been filed by the 3^rd respondent/insurance company in O.P.(MV) No.251 of 2008 on the file of the Motor Accidents Claims Tribunal, Vatakara, challenging the finding of 75% contributory negligence on the part of the rider of motorcycle bearing Reg.No.KL-18C-8870, insured with the appellant. The respondents 1 and 2 herein were the respondents, and the 3^rd respondent herein was the claimant before the Tribunal. Cross Objection No.205 of 2019 in the appeal has been filed by the claimant, dissatisfied with the quantum of compensation and challenging the contributory negligence of 25% on the part of the claimant, in the impugned award.

2. According to the claimant, on 18.08.2007 at about 12.45 p.m., while the claimant was driving a Maruthi car bearing Reg. No.KL-18-C 9296, a motorcycle bearing Reg. No.KL-18C-8870, driven by the 2^nd respondent in a rash and negligent hit the car whereby, the car turned turtle, due to which the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹8,00,000/-.

3. Respondents 1 and 2 who were the owner and the driver of the offending vehicle respectively, remained ex parte before the