JUDGMENT:

GANGULY, J.

1. Delay condoned. Leave granted.

2. One Suresh Chandra Babu, was walking along the side of Alappuzha-Kollam National Highway near Punnapra junction on 25.07.1994, when a lorry (bearing registration No. KL 4/6802) which was being driven rashly suddenly hit him. As a result of which he sustained serious injuries and died on the spot. The lorry which was insured with the first respondent was owned by the second respondent. The appellants (claimants) who are the family members of the deceased filed a claim petition before the Motor Accident Claims Tribunal (MACT), claiming Rs.1,75,000/- as compensation. The same was contested by the first and second respondents.

3. Before the MACT, the following issues were framed:

"i. Whether the accident was due to the rash and negligent driving of the second respondent herein?

ii. Whether the petitioners were entitled to get any compensation and if so, what was the quantum and who all were liable?"

4. Based on the evidence on record, MACT concluded that the accident had occurred in view of the rash and negligent driving of the second respondent and it awarded a total compensation of Rs.1,71,600/- together with interest at the ra