JUDGMENT

This appeal is filed by the appellant/first claimant challenging the dismissal of the impugned award dated 02.02.2003 in O.P.(MV) No.733 of 1992 on the file of the Motor Accidents Claims Tribunal, Kollam. The second claimant is the father and next friend of the first claimant, who sustained injury in the motor vehicle accident. The respondents herein were the respondents before the tribunal.

2. According to the claimants, on 22.09.1991 at about 9.00 a.m., while the first claimant was travelling in his bicycle along the Kollam – Thiruvananthapuram N.H., a car bearing registration No.KLR-9094 driven by the second respondent in a rash and negligent manner, dashed against the bicycle and as a result, he sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹1,00,000/-.

3. Though notice was served on the first and second respondents, the owner and the driver 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 but disputing the liability and quantum of compensation claimed. They contended that the a