JUDGMENT

[MACA Nos.1267/2016, 1268/2016]

These two appeals are filed by the claimants as well as the insurer in the claim petition challenging the Award in O.P.(MV) 1261/2013 on the file of the Motor Accidents Claims Tribunal, Ernakulam, hence the appeals are heard together and are disposed of by this judgment. M.A.C.A.No.1267 of 2016 is filed by the appellants/claimants, dissatisfied with the quantum of compensation, whereas M.A.C.A.No.1268 of 2016 is filed by the insurer, challenging the compensation awarded. The parties are hereinafter referred to as arrayed in the O.P.(MV).

2. The brief facts of the case is as follows: on

28.12.2012, at about 06.00 p.m., while the deceased was riding a motorcycle bearing registration No.KL-43/B-2309 through Kundanoor – Island Road, a lorry bearing registration No.KL-

12/F-6750, which was parked on the eastern side of the road, suddenly moved onto the road in a rash and negligent manner by the first respondent and hit the motorcycle. As a result of the accident, the deceased sustained serious injuries and succumbed to the injuries on 31.12.2012 while undergoing treatment. The claimants who are the legal heirs of the deceased approached the tribunal