JUDGMENT :

The appellant is the insurance company and the claimants are the cross objectors.

M.A.C.A No. 2888 of 2015

2. This is an appeal preferred by the 3rd respondent insurance company against the award dated 06.05.2015 in O.P.(MV) No.315/2013 on the file of the Additional Motor Accidents Claims Tribunal-IV, Ernakulam. The parties in this appeal are referred to as per the status in the claim petition unless otherwise specifically mentioned.

3. The case of the petitioners is that on 19.05.2012, at 4.35 p.m., while the deceased Sivaprasad was standing on the western side of the road at the power house bus stop, Vyttila, the car bearing Reg.No. KL-13K-01, driven by the first respondent in a rash and negligent manner, hit him and he sustained serious injuries and succumbed to the injuries on the way to hospital. The second respondent is the owner of the car and the third respondent is the insurer. An amount of Rs.32,83,740/- was claimed as compensation for the death of the deceased in the accident.

4. Before the Tribunal, respondents 1 and 2 were declared ex parte and the 3rd respon