JUDGMENT :

Is the Appellate Court competent to enhance the compensation in an appeal filed by only one of the petitioners, is the question that emerges for consideration in this appeal.

2. The appellant, the third petitioner in OP(MV) 325/2012, is aggrieved by the award passed by the Motor Accidents Claims Tribunal, Kozhikode. The respondents 1 to 3 in the appeal were the respondents 1 to 3 and the respondents 4 and 5 in the appeal were the petitioners 1 and 2 before the Tribunal. The parties are, for the sake of convenience, referred as per their status in the claim petition.

3. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 (in short 'Act'), claiming compensation on account of the death of Nidheesh, the son of petitioners 1 and 2 and husband of the third petitioner.

4. The concise case of the petitioners in the claim petition was that, on 26.10.2010, while the deceased was travelling in a car bearing registration No.KL-18E 2945, driven by the second respondent, owned by the first respondent and insured with the third respondent, the car hit the roa