(1.) The petitioner in OP(MV)No.2574/2003 on the file of the Motor Accidents Claims Tribunal, Kozhikode is the appellant. On 7.8.2003 at 5p.m, while the appellant was travelling in an auto rickshaw bearing registration No.KL 11-E-0211, it dashed against a tempo bearing registration No.KL-11-C-5569 which was parked on the side of the road. As a result, the appellant sustained injures. Claiming a sum of Rs.2,00,000/- as compensation, the appellant moved the Tribunal with a plea that the accident occurred because of the negligence of the driver of the auto rickshaw and, therefore, respondents being the owner,driver and insurer of the auto rickshaw are liable to compensate the appellant.
(2.) Respondents 1 and 2 remained exparte. The 3rd respondent admitted the insurance, but negligence attributed against the 2nd respondent was denied. The nature of the injury sustained was also disputed.
(3.) Upon looking the pleadings, the following issues were raised.