JUDGMENT

This appeal is filed by the claimants in OP (MV) No.511 of

2011 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, claiming enhancement of compensation. The respondents herein are the respondents 1 and 3 before the tribunal.

2. According to the claimants, on 03.02.2011, at about

10.00 p.m., while the deceased was standing on the extreme side of the NH-47 at Pudukad – Mupliyam junction, a goods carriage bearing registration No.TN-40/C-3399 driven by the second respondent in a rash and negligent manner hit against the deceased and as a result, the deceased sustained serious injuries and succumbed to the injuries on 12.02.2011 while undergoing treatment. The claimants who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹27,35,000/- which is limited to ₹15,00,000/-.

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