JUDGMENT

This appeal is filed by the claimant in OP(MV) No.1595 of

2008 on the file of the Motor Accidents Claims Tribunal, Thrissur, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. According to the claimant, on 24.12.2007, while the claimant was travelling as a passenger in an autorickshaw bearing registration No.KL-8/W-8703, the autorickshaw overturned due to the rash and negligent driving of the second respondent – driver and as a result, the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹1,25,000/-.

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, disputing the liability and quantum of compensation claimed. They contended that the second respondent was not having a valid driving licence at the time of accident. Before the tribunal, Exts.A1 to A11 & Exts.B1 and B2 were marked. The tribunal, after analysing the pleadings and materials