JUDGMENT

The original 3rd respondent M/s.United India Insurance Company in O.P(MV).No.1424/2011 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta is the appellant herein. Liability fastened on the Insurance Company by the learned Tribunal is the matter under challenge in this appeal where the original petitioners as well as respondents 1 and 2 were arrayed as the respondents herein.

2. I would like to refer the parties in this appeal as petitioners and respondents for brevity and convenience.

3. Epitomized form of the material facts in this case:

One K.Eliyas died in a motor accident occurred on 10.4.2011 at about

8.30 p.m while he was travelling in a truck bearing Registration No.KL.06.C.2259 driven by the 2nd respondent in a rash and negligent manner. The legal heirs viz., wife and children, filed application under Section 166 of the Motor Vehicles Act and claimed Rs.50 lakh as compensation.

4. First and second respondents filed written statement and opposed the narration of the accident as alleged by the petitioners. According to them, the deceased was a pedestrian on the road, who was hit down by the vehicle which resulted in his death.

5. The 3rd respondent insuranc