J U D G M E N T

This appeal has been preferred by the 3rd respondent National Insurance Company Ltd. in OP(MV) 1633 of 2012 on the file of the III Additional Motor Accidents Claims Tribunal, Kollam, challenging the award as excessive.

2. The OP(MV) No.1633 of 2012 was filed by the legal heirs of deceased Prasannan Pillai, who died in a road traffic accident occurred on 14.06.2012. The deceased was travelling along with his wife and children in a Tata Indica Car from Guruvayoor to Kollam, and at Cherthala, KL 7Q 7680 Tipper lorry owned by the 1st respondent and driven by the 2nd respondent dashed against his car. Sri.Prasannan Pillai and his daughter Devika succumbed to the injuries.

3. The offending vehicle was validly insured with the 3rd respondent as on the date of accident. The legal heirs claimed compensation of Rs.30,00,000/-. They adduced evidence by examining PWs 1 to 4 and marking Exts. A1 to A33. No oral or documentary evidence was adduced from the side of the respondents. On analysing the facts and evidence, the Tribunal awarded compensation of Rs.45,74,120/-. Alleging the compensation as excessive, the Insurer has come up with this appeal.

4. Now let us have a re-appraisal