JUDGMENT

This appeal is filed by the appellants/claimants in O.P (MV) No.1607/2005 on the file of the Motor Accidents Claims Tribunal, Kollam, challenging the dismissal of the award by the tribunal. The respondents herein were the respondents before the tribunal.

2. The case of the claimants is that on 18.06.2005, while the deceased Shameer was travelling on a motorcycle bearing registration number KL-4/Q 2622 and when reached near Kuttivattom junction, a stray dog jumped across, and the motorcycle hit on the dog due to which it capsized upside down, causing serious injuries. On 21.06.2005, the deceased succumbed to his injuries. The claimants, who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹6,00,000/-.

3. The 1^st respondent/owner of the motorcycle remained ex-parte before the tribunal. The 2^nd respondent/insurer filed a written statement admitting the policy but contending that the deceased was the rider of the motorcycle and the accident arose out of the negligence of the deceased himself. It was also contended that the claim is not maintainable in law and that the policy does not cover the risk of the rider of the motorcycle. Bef