JUDGMENT

The appellant – insurance company was the 2nd respondent in OP(MV)No.194 of 2013 on the file of the Motor Accidents Claims Tribunal, Manjeri. The respondents in the appeal were the petitioners in the claim petition. The parties, for the sake of convenience and wherever the context requires, are referred to as per their status in the claim petition.

2. The petitioners had filed the claim petition under Section 166 of the Motor Vehicles Act , claiming compensation on account of the death of Sri.Sathyadasan @ Sathyadas (deceased), the husband of the 1st petitioner and the father of the petitioners 2 and 3. It was the case of the petitioners that : on 26.02.2012 while the deceased was riding a motorcycle bearing registration No.KL 53 B 3603 through the Perinthalmanna-Anamangad public road, a Maruti Alto Car bearing registration No.KL 52 9893 (offending vehicle) driven by the 1st respondent in a rash and negligent manner, hit the motorcycle of the deceased. The deceased succumbed to the injuries on the same day. The offending vehicle was owned by the 1st respondent and insured with the 2nd respondent. The deceased was a school teacher in the AMUP School, Vengad and he was drawi