JUDGMENT

This appeal is filed by the legal heirs of the deceased challenging the dismissal of the original petition by the tribunal in O.P.(MV) No.1664 of 2012 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode. The respondents herein are the respondents before the tribunal.

2. According to the claimants, on 25.12.2011 at about 03.00 pm, while the deceased was riding a motor cycle, a jeep driven by the 2^nd respondent in a rash and negligent manner hit down the motorcycle causing serious injuries to the claimant due to which he succumbed to the injuries. The legal heirs of the deceased approached the tribunal claiming compensation.

3. The 1^st respondent is the RC owner, 2^nd respondent is the driver and 3^rd respondent is the insurer of the offending jeep. The 4^th respondent is the mother of the deceased. Respondents 1 and 2 remained ex parte before the tribunal. The 3^rd respondent/insurer of the offending filed a written statement contended that charge sheet was laid against the negligent driving of the deceased and also for possessing liquor in excess quantity at the time of accident under the Provision of the Abkari Act . It was also contended that the amount c