JUDGMENT This appeal is filed by the claimant in O.P (MV) No.1329 of 2005 on the file of the Additional Motor Accidents Claims Tribunal, Pathanamthitta, claiming enhancement of compensation awarded by the tribunal. The respondent herein was the 3^rd respondent before the tribunal.

2. The case of the claimant is that on 14.03.2004 at about 4.30 pm, while he was travelling in an autorickshaw bearing Reg.KL-03-D-4463 and when the autorickshaw overturned and, he sustained serious injuries in the accident. The respondents 1 to 3 are the owner, driver and the insurer of the offending vehicle respectively. According to the claimant, accident occurred due to the rash and negligent driving of the 2^nd respondent, who was the driver of the autorickshaw bearing Reg.KL-03-D-4463. Hence, the claimant approached the tribunal seeking a compensation under Section 166 of the Motor Vehicles Act .

3. The respondent/insurance company alone contested the matter and filed written statement admitting the policy but it was contended that the 2^nd respondent in the OP had no