JUDGMENT

Dated this the 13^th day of March, 2025

The petitioners in O.P.(M.V.) No.954/2009 on the file of the Motor Accident Claims Tribunal, Irinjalakuda is the appellant herein. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal)

2. The O.P. was filed under under Section 166 of the Motor Vehicles Act, 1988 , by the wife and children of the deceased by name Kanakambaran, who died in a motor vehicle accident that occurred on 11.05.2009. According to them, on 11.05.2009, at about 5.30 p.m., while the deceased was riding a motorcycle, another motorcycle bearing reg. number KL-8/AJ-2987 ridden by Respondent No.2 in a rash and negligent manner, hit on his motorcycle and as a result of which he fell down and sustained serious injuries and later on he succumbed to the injuries, on 23.06.2009.

3. The 2^nd respondent is the driver and 3^rd respondent is the insurer of the offending vehicle. According to the petitioners, the accident occurred due to the negligence of the driver of the offending vehicle. The quantum of compensation claimed in the O.P. was Rs.42,50,000/- limited to Rs.35,00,000/-.

4. The insurance company filed a written sta