(1.) The appellant is the claimant in O.P(MV)No.1152 of 2007 on the file of the Motor Accidents Claims Tribunal, Kottayam, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries sustained by him in a motor accident, which occurred on 10.04.2007, while he was travelling as pillion rider on a motorcycle bearing registration No.KL-5/G-8748. At the place of accident, the motorcycle was hit by a car bearing registration No.KL-05/T-5703 owned and driven by the 1st respondent, and insured with the 2nd respondent insurer. In the accident, he sustained injuries. Alleging that the accident occurred due to rash and negligent driving of the car by the 1 st respondent driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs.12,94,700/- under various heads, which was limited to Rs.10,00,000/- for the purpose of payment of Court Fee.
(2.) Before the Tribunal, the 1st respondent owner cum driver of the car remained absent and he was set ex parte.
(3.) The 2nd respondent insurer filed written statement admitting policy coverage of the car involved in the accident; however, denying negligence alleged against the 1st respondent driver. The insurer contended that the accident occurred due to the rash and negligent riding of the motorcycle by its rider. The insurer disputed the age, occupation, monthly income, etc. stated in the claim petition and it was contended that the compensation claimed is highly excessive.