JUDGMENT

Both these appeals arise from a common award passed in OP (MV) No.1083/2008 and OP(MV)No. 1084/2008 passed by the Motor Accidents Claims Tribunal, Irinjalakuda.

2. OP (MV) No.1083/2008 was filed by the claimants seeking compensation for the death of one Sanub, the son of claimants 1 and 2 and the brother of the 3^rd claimant therein, due to the injuries sustained in a Motor Accident that occurred on 13.07.2008. OP (MV) No.1084/2008 was filed by the petitioner therein, seeking compensation for the injuries sustained to him in the very same accident.

3. According to the claimants, the accident occurred when the motor cycle ridden by the petitioner in OP (MV) No.1084/2008 with the deceased Sanub as a pillion rider, was hit by a K.S.R.T.C Super Fast Passenger bus bearing registration No. KL.15-5772 driven by the 2nd respondent. The consequent to the injuries, the said Sanub died and the petitioner in OP (MV) No.1084/2008 sustained serious injuries. The claim petition was submitted in such circumstances.

4. The respondents filed written statement disputing the negligence on the part of the 2nd respondent. According to them, the accident occurred due to the negligence of the rider of