JUDGMENT

This appeal is filed by the claimant in OP(MV) No.205 of

2001 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 11.03.2000 at about

12.00 a.m., while the claimant was travelling in an autorickshaw bearing registration No.KL-7-V-3054 driven by the first respondent in a rash and negligent manner, through Vypin – Munambam road, swerved the vehicle towards left without proper care and lost control over the vehicle and thereby hit against a telephone post, as a result of the accident, the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹13,65,000/- which is limited to ₹10,00,000/-.

3. The first and second respondents were the owner-cum-

driver and the insurer of the offending vehicle respectively. The first and second respondents filed a written statement, admitting the insurance policy, disputing the quantum of compensation claimed. They denied the negligence attributed on the part of the first respondent in causing the accident. Before the tribunal, PW1 was examined and Exts.