JUDGMENT

This appeal is filed by the claimant in OP(MV)

No.1299/2005 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, claiming enhancement of compensation as well as challenging the 50% contributory negligence on the part of the claimant. The respondents herein were the respondents before the tribunal. The first respondent died during the pendency of the appeal and his legal heirs were impleaded as additional respondents 3 to 7.

2. According to the claimant, on 05.07.2005 at about 7.00 p.m., while the claimant was pillion riding on a motorbike bearing registration No.KL-3M-194 from Chathomkara junction to Mothiravayal, due to the rash and negligent riding of the first respondent, the motorbike lost control over the vehicle while negotiating a curve and it capsized, and as a result, the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹1,09,500/-.

3. Though notice was served on the first respondent, the owner-cum-rider of the offending vehicle, he remained absent and was set ex parte before the tribunal. The second respondent - insurer filed a written statement admitting the insurance coverage and contended th