JUDGMENT

These two appeals are filed against the award passed in O.P.(MV) No.136/2005 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. M.A.C.A. No.1522/2016 is filed by the 3rd respondent in O.P.(MV) No.136/2005 and M.A.C.A. No.3354/2021 is filed by the petitioners in that claim petition. (Parties are hereinafter mentioned in accordance to their rank before the Tribunal).

2. Petitioners are the legal heirs of the deceased in a motor accident occurred on 18.02.2013. The deceased was engaged in loading of granite from a granite quarry at Mannur into the tempo bearing registration No.KL-07/G-5758. The lorry was parked by the 1st respondent driver at the place of occurrence. At that time somebody was engaged in cutting a big njaval tree and the said tree fell down into the platform of the tempo where the deceased was standing and he sustained fatal injuries and he was immediately taken to Medical College Hospital, Kolenchery but he succumbed to the injuries on the same day. Respondents 1 and 2 remained ex parte and the 3rd respondent insurance company filed a written statement. On the side of the petitioners, PWs 1 to 3 were examined and Exts.A1 to A5 were marked. Ext.X1