1. In this appeal, the 2nd respondent insurer in O.P. (MV) No. 204 of 1999 assails the award dated 6.8.2004, whereby the appellant was directed to pay a sum of Rs.4,13,000/-as compensation with interest at the rate of 9% per annum from the date of petition i.e, 6.2.1999 to respondents 1 to 6 who are the claimants before the Tribunal.

2. At 9.30. a.m. on 6.6.1998, while late A.K. Noufal, a businessman aged 24 years, riding a motor cycle bearing registration No.KRC-9850 along Valapattanam-Kannur road, a van bearing registration KRC-2274, owned and driven by respondents 7 and 8 hit him down and as a result he sustained injuries. While being lifted to the hospital Noufal succumbed to the injuries. The claimants who are the parents and siblings filed the above petition before the Tribunal styling as one under Section 163 A of the Motor Vehicles Act claiming a sum of Rs.7 lakhs as compensation with a plea that the accident occurred because of the rash and negligent driving of the van by the 8th respondent and hence respondents 7, 8 and the appellant are liable to compensate the claimants as owner, driver and insurer of the van.

3. Respondents 7 and 8, remained ex parte. The app