JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.739 of 2011 on the file of the Motor Accidents Claims Tribunal, Kollam, claiming enhancement of compensation and challenging the finding of 50% contributory negligence in the impugned award. The respondents herein were the respondents before the tribunal.

2. According to the claimant, on 21.08.2010, while the claimant was riding a motorcycle bearing Reg.No.KL-2X/7638, a car bearing Reg.No.KL-7/AZ-9559 driven by the 2^nd respondent in a rash and negligent manner hit against the motorcycle and thus the claimant sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹4,00,000/-.

3. The first respondent/owner and the second respondent/driver of the offending vehicle respectively, remained ex-parte before the tribunal. The third respondent/insurer filed a written statement, admitting the policy, but disputing the quantum of compensation claimed. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹2,19,250/-(50% of ₹4,38,501/-)

with interest at 9% per annum as compensation under various heads against the respondent insurer. Dissatisfied with the quantum of compe