JUDGMENT :

The appeal has been filed by the 2^nd respondent insurer in O.P (MV) No.132 of 2011 on the file of the Addl. Motor Accidents Claims Tribunal-III, Thiruvananthapuram. The respondents in the appeal were the claimants before the tribunal. The claimants in the said OP (MV) have filed Cross Objection No.133 of 2021 in the appeal.

2. The brief facts of the case is as follows:- On 03.11.2010 at about 10.45 am, while the deceased was riding her Kinetic Honda scooter bearing Registration No.KL-01-T-5796 through Maruthamkuzhy – Sasthamangalam Road, a mini bus bearing registration No.KL-01-N-9205, driven by one Saji S., in a rash and negligent manner, hit against the scooter. As a result, she sustained serious injuries and succumbed to the injuries. The 1^st petitioner was the husband, 2^nd & 3^rd petitioners were the minor son and daughter of the deceased, respectively. The 4^th & 5^th petitioners were the mother and father of the deceased respectively. The 1^st respondent was the owner and 2^nd respondent was the insurer of the offending vehicle. The claimants approached the tribunal claiming a total compensation of Rs.70,97,000/-, which was limited to Rs. 52,00,000/-.

3. The 1^st respondent