Joseph, J.

Appellant is the 2nd respondent in a petition filed under section 163A of the Motor Vehicles Act. Respondents 1 to 4 are the claimants. They are the legal representatives of one Anilkumar who died in a motor vehicle accident. It was their case that the said Anilkumar was riding his motor cycle towards his residence and it hit accidentally on a concrete electric post which stood on the eastern side of the road and he sustained injuries to which he succumbed. The 5th respondent in the appeal is the registered owner and the appellant was the insurer. The claim was raised for Rs.4,99,500/-. The Tribunal has placed reliance of the Full Bench judgment of this court reported in National Insurance Co. Ltd. Vs. Malathi C. Salian [2003 (3) KLT 460(FB)] and held that the plea that the appellant is not liable cannot be sustained and accordingly, it was found that the application under section 163A is maintainable. It is accordingly that the Tribunal allowed the claim petition in part and awarded a sum of Rs.2,70,000/- with 8% interest from the date of filing of the petition till the date of realisation from the appellant and the owner of the motor cycle. It is feeling aggr