J U D G M E N T

This appeal arises out of the award passed by the III Additional Motor Accidents Claims Tribunal, Kozhikode in OP(MV) No.450/2019.

2. The brief facts for the disposal of the appeal are as follows:

The appellants are the legal heirs of late Sri.Rafeek T.T., who died in a motor accident on 12.08.2018. While the deceased was riding a motorcycle bearing registration No.KL-11/Y-9195 from Parambil Bazar to Mathara side and when he reached the road near Koodathumbara Land Mark building, a tipper lorry bearing registration No.KL-10/AQ-1298 driven by the 2^nd respondent in the claim petition in a rash and negligent manner came from Thondayad side and hit against the motorcycle of the deceased. As a result of the impact, the deceased fell down on the road and sustained fatal injuries. While undergoing treatment at Medical College Hospital, Kozhikode, he succumbed to the injuries.

3. In support of the contentions, the appellants produced Exts.A1 to A8 documents. No oral or documentary evidence was adduced on the side of the insurance company. The appellants contended that the deceased Rafeek was working in a sawmill and was earning a monthly income of Rs.30,000/-. The tribunal on a