JUDGMENT :

Judgment dated 28.06.2024 is recalled. Modified judgment is as follows;

This appeal has been filed by the claimants in OP(MV) No.2432 of 2012 on the file of the Motor Accidents Claims Tribunal, Thrissur. The respondents herein were the respondents before the tribunal.

2. The case of the appellants/claimants is that on 04.09.2012, the deceased, while pillion riding on a motorcycle bearing Reg.No.KL-08-X-92777 ridden by the first respondent, met with an accident, resulting in grievous injuries; and while undergoing treatment, he succumbed to the injuries. The appellants, being the legal representatives of the deceased, approached the tribunal claiming a total compensation of Rs. 25,00,000/-.

3. The first respondent remained ex parte before the tribunal. The second respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Before the tribunal, Exts.A1 to A8 were marked on the side of the appellants/claimants. No evidence was adduced by the respondents. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the