JUDGMENT

Dated this the 31st day of July, 2024 This appeal and the cross objection arise from the Award dated 16.09.2017 in O.P.(M.V.) No.640 of 2012 on the files of the Additional Motor Accidents Claims Tribunal, Mavelikara. While the appeal is filed by the 3rd respondent Insurance Company challenging the Award, the cross objection has been filed by the petitioners in the O.P.(M.V.) seeking enhancement.

Facts in Brief:

2. Gopalan, aged 43 years, a fish vendor by avocation, while riding a motorcycle bearing No. KL-04/T-8714, from his home to the fish market, met with an accident in front of Hero Power City Showroom, north of MSM College, Kayamkulam on 27.03.2012, at 6.00 a.m. A pick up van bearing Reg.No.KL-29/C-7401 coming from the opposite direction had collided with the motorcycle causing Gopalan to fall onto the road and sustain serious injuries. He was rushed to the Govt. Hospital Kayamkulam, but succumbed to the injuries on the way. The wife, son and daughter of deceased Gopalan filed the above O.P.(M.V.) alleging that the accident happened due to the rash and negligent driving of the pick up van which was owned by the 2nd respondent and driven by the 1st respondent in the O.P.