JUDGMENT

This appeal is filed by the claimant in OP(MV) No.314 of

2012 on the file of the Motor Accidents Claims Tribunal, Ernakulam, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. According to the claimant, on 09.04.2011 at about

01.00 p.m., while the claimant was riding a motorcycle bearing registration No.KL-7-BF-9509 along Aluva – Angamaly N.H.Road, a KSRTC bus driven by the second respondent in a rash and negligent manner overtook the motorcycle and suddenly stopped and the front door opened for alighting the passengers, the front door of the KSRTC bus hit on the motorcycle and as a result, the claimant fell down and sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹9,29,000/- which is limited to ₹4,00,000/-.

3. The first and second respondents, the owner and the driver of the offending vehicle, though entered appearance, did not file any written statement. Before the tribunal, Exts.A1 to A12 were marked. The tribunal, after analysing the pleadings and materials on record, found that the accident occurred due to negligence on the part of the second respondent and the appella