JUDGMENT

This appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the third respondent/insurer in O.P.(MV) No.1326/2014 on the file of the Motor Accidents Claims Tribunal, Attingal (the Tribunal), aggrieved by the Award dated 05/09/2019. The respondents herein are the claim petitioners in the petition who have filed Cross Objection No.90/2022. In this appeal and cross objection, the parties and the documents will be referred to as described in the original petition.

2. The claim petitioners are the parents and siblings of the deceased. According to the claim petitioners on 20/05/2008 at about 10:15 a.m., while the deceased was walking through Navayikulam- Katuputhussery road and when he reached the place near Tholur, lorry bearing registration No.KL-7/G-6039 driven by the second respondent in a rash and negligent manner knocked him down, as a result of which he sustained grievous injuries to which he succumbed.

3. The first respondent/owner and the second respondent/driver remained ex parte.

4. The third respondent/insurer filed written statement admitting the policy but denying negligence on the part of the second respondent/driver of the offending l