SHAJI Vs. HARSHAN

JUDGEMENT

(1.) THIS appeal arises from the award dated 30.06.2011 in O.P (M.V).No.2404 of 2003 of the Motor Accident Claims Tribunal, Ernakulam (for short, "the Tribunal").

(2.) THE appellant while riding on the pillion of a motor cycle on 07.05.2000 suffered injuries due to an autorikshaw driven by the first respondent, belonging to the second respondent and insured with the third respondent hitting the motor cycle. The appellant claimed compensation from the respondents alleging that the accident occurred due to the negligence of the first respondent.

(3.) THE Tribunal found that accident occurred due to the negligence of the first respondent, assessed compensation payable to the appellant at Rs.12,489/- found that since Ext.A9, policy of insurance is only an Act only policy, the third respondent is not liable and fastened liability on respondents 1 and 2. The appellant is aggrieved by the quantum of compensation awarded and exoneration of the third respondent from liability.