This appeal arises from an Award dated 27.04.2017 in O.P. (MV) No.319 of 2011 on the files of the Additional Motor Accidents Claims Tribunal -IV, Thiruvananthapuram. Appellant Insurance Company was the 3rd respondent in the said O.P.(M.V.).

Respondents 1 to 3 herein were the petitioners in the O.P.(M.V.).

They were the wife, daughter and mother respectively of P.Vijayakumar who died in the accident. The 3rd respondent mother died during the pendency of the M.A.C.A. and the 1 st and 2 nd respondents were recorded as the legal representatives of the deceased 3rd respondent.

Facts in Brief:

2. Deceased P.Vijayakumar, aged 49 years, at the time of his death, was a document writer and drama artist by avocation.

On 26.03.2010, at about 05.30 P.M., while he was travelling as a pillion rider on a motorcycle bearing Reg.No.KL-01/AJ-4286 from Kovalam to Balaramapuram, a tourist bus bearing Reg.No.KL-45/4748 driven by the 2nd respondent in the O.P.(M.V.) came from the opposite direction and collided against the motorcycle. Vijayakumar was thrown out on to the road and he sustained injuries. He underwent treatment from 26.03.2010 to 06.04.2010 at Ananthapuri Hospital, Thiruvananthapuram,