JUDGMENT

This appeal is filed by the claimants in O.P (MV) No.681 of

2010 on the file of the Motor Accidents Claims Tribunal, Kottayam. The respondents herein are the respondents before the tribunal.

2. According to the claimants, on 31.01.2010, at about 08.30 a.m., while the deceased was pillion riding on a motorcycle bearing registration No.KL-36/A-4173 along Kottayam – Vaikom public road, a bus bearing registration No. KL-41/A-9312 driven by the third respondent in a rash and negligent manner hit against the motorcycle and as a result, the deceased sustained serious injuries and succumbed to the injuries on the way to hospital. The claimants who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹6,21,000/-, which is limited to ₹5,00,000/-.

3. Though notice was served on the respondents, the first and third respondents, the owner and the driver of the offending vehicle respectively, remained absent and were set ex parte before the tribunal. The second respondent – the insurer filed a written statement admitting the insurance policy, but disputing the liability and quantum of compensation claimed. Before the tribunal, Exts.A1 to A14 were ma