JUDGMENT :

The petitioners 1 and 2 in O.P.(MV) No.1201/2004 on the file of the Motor Accident Claims Tribunal, Ernakulam are the appellants. The respondents 1 to 3 and the 3rd petitioner in the claim petition are the respondents in the appeal. The parties are, for the sake of convenience, referred to as per their status in the claim petition.

2. The petitioners had filed the claim petition under Section 166 of the Motor Vehicles Act,1988 (in short “Act”) claiming compensation on account of the death of Nevil.C.Wilson (deceased), the son the petitioners 1 and 2 and the brother of the 3rd petitioner.

3. The concise case of the petitioners in the claim petition is that on 19.1.2004 while the deceased was driving his motorcycle bearing Reg.No.KL-7AP-4645 along the Kakkanad Palarivattom road, a bus bearing Reg. No.KL7/J 2673 (offending vehicle) driven by the 2nd respondent, in a rash and negligent manner, hit the motor cycle ridden by the deceased, who succumbed to the injuries. The offending vehicle was owned by the 1st respondent and was insured with the 3rd respondent. The petitione