J U D G M E N T

The appellants were the petitioners in O.P (MV)

No.1300/2009 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode. The respondents in the appeal were the respondents before the Tribunal.

2. The appellants had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of Premjith(deceased) – the son of the appellants 1 and 2 and the brother of the third appellant. It was their case that, on 05.02.2009, while the deceased was riding his motorcycle bearing registration No.KL-11-T-2462, when he reached S.K. Pottakkad road, a bus bearing registration No. KL-06-N-1600, driven by the second respondent in a rash and negligent manner, hit the motorcycle of the deceased. The deceased sustained serious injuries and was treated as an inpatient at the Baby Memorial Hospital, Kozhikode, for a period 53 days. He succumbed to the injuries on 28.03.2009. The deceased was aged only 22 years. He was the sole breadwinner of the family. He was working as a sales executive in ICICI Bank and as a LIC agent. He was earning a monthly income of Rs.13,017/-. The bus was owned by the first respondent and insured wi