JUDGMENT :

This appeal arises out of award in O.P(MV).No.1107/2009 dated 24.02.2012 on the file of Motor Accidents Claims Tribunal, Kollam at the instance of the 4th respondent, the owner of the offending vehicle, challenging recovery right granted on the ground that there was no fitness certificate as well as a driving licence for the driver at the time of the accident.

2. Short facts : One Thankamma died in consequence of a motor accident occurred on 06.07.2008 while she was travelling as a passenger in KL-02/L 155 stage carriage bus. Accordingly, her legal heirs lodged petition under Section 163A of the Motor Vehicles Act. The deceased was a cashew labourer and was earning Rs.3,500/- per month.

3. The Tribunal recorded the evidence in this matter. PW1 examined and Exts.A1 to A10 marked on the side of the appellant. On appreciation of evidence, the Tribunal granted Rs.56,500/-as against the claim of Rs.1,50,000/-.

4. It is argued by the learned counsel for the appellant that the Tribunal granted recovery right after granting compensation to the tune of Rs.56,500/-on the ground that the driver of the vehicle did not possess a valid driving licence and also the vehicle had no badge at