RAJESH Vs. LAL KRISHNA

JUDGEMENT

(1.) This appeal is at the instance of the original petitioner in OP(MV) No.1551/2014, on the file of M.A.C.T, Irinjalakuda. Award dated 08.02.2018 is under challenge in this appeal, where the respondents before the Tribunal got arrayed as respondents 1 to 3. The parties in this appeal will be referred as to their status before the Tribunal.

(2.) The precise allegation is that the petitioner met with an accident on 27.06.2014 at 9 p.m while he was travelling as pillion rider on a motorcycle bearing Registration No.KL-64-4743 driven by the 2nd respondent in a rash and negligent manner through Pongam-Mambra public road. Attributing negligence against the 2nd respondent the rider of the motorcycle, the petitioner claimed compensation to the tune of Rs.5,02,500/- jointly from respondents 1 to 3.

(3.) Respondents 1 and 2 remained exparte before the court below. The 3 rd respondent filed a written statement. Valid policy in relation to the alleged offending vehicle was admitted. But negligence attributed against the 2nd respondent was disputed and quantum of compensation was challenged.