A.HYDHER ALI Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THE appellant herein is the petitioner in O.P.(M.V.). No.861/2007 of the Motor Accidents Claims Tribunal, Manjeri. Aggrieved by the award dated 14.01.2011, fixing only 50% liability on the first respondent and denying 50% of compensation, the appellant preferred this appeal.

(2.) THE case of the petitioner is that his car bearing registration number TN 07Y 7213 involved in an accident at about 9.15 a.m. on 04.02.2007 at Pottammalmadu. According to the appellant, another car bearing registration number KL 10L 8911, belonging to the second respondent and driven by the first respondent hit against his vehicle. Thus, according to the petitioner, the accident had taken place due to the negligent and careless driving of the first respondent of which the vehicle owned by the second respondent. In the court below, first and second respondents remained ex -parte. The third respondent insurance company admitted the insurance coverage for the offending vehicle at the time of the alleged incident and they contended that it is for the petitioner to prove the accident as alleged by him.

(3.) THE above award of the Tribunal is challenged by the claimant/petitioner in this appeal.