Jagannadha Raju, J.

These two appeals arise out of an award dated 5-5-1989 in M. V.O.P. No. 520 of 1987 on the file of the Motor Accidents Claims Tribunal, Kottayam. M.F.A No. 566 of 1989 is filed by the claimants who are legal representatives and dependents of Antony Alexander who died on account of injuries sustained by him in the accident in which the car K.L.O.4828 driven by the appellant in M.F.A No. 627 of 1989 was involved.

2. Parties to the appeals will be referred to in this judgment by their ranking before the Tribunal. The facts of the case are: First respondent, Dr.T. V. Jose is registered owner of the car. Second respondent was the driver employed by him. The car was insured by the third respondent. The insurance policy was valid for the period 25-11-1986 to 24-11-1987. On 9-4-1987, Antony Alexander and others were travelling in the car from Kottayam to Shertallai. The car reached Kothanalloor at about 7.45 p.m. On account of rash and negligent driving by the second respondent, the car swerved to right side, hit against compound wall on the right side and as a result of the impact the backdoor of the car suddenly flew open and Alexander was thrown out. He hit