COMMON JUDGMENT

The appellant - insurance company – was the 3rd respondent in O.P.(MV)No.75/2002 on the file of the Motor Accidents Claims Tribunal, Thrissur. The respondents 1 to 5 in the appeal were the claimants and the respondents 6 to 8 in the appeal were the respondents 4, 1 and 2, respectively, before the Tribunal. The supplemental respondents 9 and 10 are the legal representatives of the deceased 5th respondent. Petitioners in the claim petition have filed C.O.No.130 of 2018 against the respondents. The appeal and cross objection are being jointly heard and are being disposed of by this common judgment. The parties are, for the sake of convenience, referred to as per their status before the Tribunal.

2. The petitioners had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, inter alia, claiming compensation on account of the death of Sri.Krishnadas (deceased). It was their case that on 28.04.2000 while the deceased was driving an autorickshaw bearing registration No.KL-10D-7296 through Kunnamkulam – Changaramkulam road, when he reached Chiyannoorpadam in Malappuram District, a car bearing registration No. KL-8N-4100 (offending vehicle) driven by the 2