MOHANAN Vs. RAJEEV KUMAR

JUDGEMENT

(1.) THE 1st respondent is served. The 2nd respondent appears through counsel.

(2.) THIS appeal arises from the award dated 13.12.2012 in O.P(MV) No.718 of 2003 of the Motor Accidents Claims Tribunal, Mavelikkara (for short, "the Tribunal"). The appellant claimed that on 18.11.2002 while he was riding on the pillion of a motor cycle bearing Reg. No.KL4/F-9894 that motor cycle skidded due to the negligence of the 1st respondent, he fell down and sustained injuries. He claimed compensation from respondents 1 and 2.

(3.) THE learned counsel for the appellant contended that dismissal of the application is erroneous. It is contended that the fact that the accident occurred and the appellant was riding on the pillion of the motor cycle involved is admitted by the 2nd respondent. In that circumstance there was no occasion for the Tribunal to decide whether accident occurred with the appellant riding on the pillion of the motor cycle. The learned counsel has given me copy of written statement filed by the 2nd respondent.