JUDGMENT

This appeal is filed by the 3rd respondent insurer in O.P.

(MV) No.356 of 2011 on the file of the Motor Accidents Claims Tribunal, Kasaragod, challenging the liability to pay the award amount. The respondents herein are the claimant and respondents 1 and 2 before the tribunal.

2. Brief facts of the case are as follows: On 03.01.2011, at about 04.00 p.m., while the claimant was pillion riding on a motorcycle bearing registration No.KL-09/L-8153 towards Kanhangad side, a car bearing registration No.KL-11-L-5959 driven by the first respondent in a rash and negligent manner hit against the motorcycle and as a result, the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹3,42,000/- which is limited to ₹3,00,000/-.

3. Though notice was issued on first and second respondents, the driver and the owner of the offending vehicle respectively, they remained absent and were set ex parte before the tribunal. The third respondent - insurer filed a written statement admitting the insurance policy to the extent of liability only policy, disputing the liability and quantum of compensation claimed. They contended that the pillion rider i