JUDGMENT

Dated this the 14^th day of February, 2025

The petitioners in O.P.(M.V.) No.297/ 2010 on the file of the Motor Accident Claims Tribunal, Vatakara, are the appellants 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 by the 1^st petitioner under under Sections 166 and 140 of the Motor Vehicles Act, 1988 , claiming compensation for the injuries sustained in a Motor Vehicles Accident that occurred on 15.10.2009. On 11.03.2010, he died and hence his legal representatives namely the wife and children were impleaded as additional petitioners 2 to 4.

3. According to the petitioners, on 15.10.2009, at about 2.10 p.m., when the petitioner was travelling in a bus driven by the 2^nd respondent in a rash and negligent manner, the tyre of the bus fell into a ditch and the deceased fell down inside the bus, sustained serious injuries and later on he succumbed to the injuries, on 11.03.2010, while under treatment.

3. The 1^st respondent is the owner , the 2^nd respondent is the driver and 3^rd respondent is the insurer of the offending vehicle. According to the petitioner, the accident occurred due to the n