JUDGMENT

Since these two appeals arise from the very same award dated

12.05.2016 in O.P.(MV) No.374 of 2013 on the file of the Motor Accidents Claims Tribunal-II, Kottayam, these appeals are heard together and being disposed of by this judgment. M.A.C.A.No.3063 of 2016 is filed by the 3^rd respondent/insurance company challenging the quantum of compensation awarded by the tribunal, whereas MACA No.3483 of 2016 is filed by the claimants dissatisfied with the compensation awarded by the tribunal.

2. The facts of the case are as follows: On 07.06.2012, at about

00:05 a.m., while the deceased was travelling along with others in a tempo traveller bearing reg. No. KL-5/AD-9045, driven by the 1^st respondent, in a rash and negligent manner, overturned and capsized. As a result of the accident, the deceased had sustained serious injuries and succumbed to the injuries on the same day. The claimants, who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹12,00,000/-.

3. The 1^st respondent/driver remained ex parte before the tribunal. The 2^nd respondent/owner filed a written statement and contended that the accident occurred in the attempt of the 1^st resp