J U D G M E N T

This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (the Act) by the third respondent/insurer in O.P.(MV) No.933/2015 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram (the Tribunal), aggrieved by the Award dated 23/09/2019. The respondents herein are the the claim petitioners in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.

2. The claim petitioners are the father, mother and brother respectively of deceased Liju Krishan. According to the claim petitioners, on 23/08/2014 at 12:30 p.m., while the deceased was riding his motorcycle bearing registration no.KL-01-W-1534 from Kesavadasapuram to Paruthipara and when he reached near the place by name Paruthipara, vehicle bearing registration no.KL-07-CA-9710 driven by the second respondent in a rash and negligent manner hit the right handle of the motorcycle as a result of which he fell down and sustained grievous injuries to which he succumbed.

3. The first respondent-owner and second respondent-driver of the offending vehicle remained ex-parte.

4. The third respondent-insurer filed written statement admit