On 19.08.2000, one Chacko George was travelling from

Ernakulam to Kozhikode with his wife and two minor children in a

car owned by him. In the course of the journey, at Thalor in

Thrissur district, the car collided with a bus which was coming from

the opposite direction. Chacko George, one of his children and the

driver of the car died and others sustained injuries in the

occurrence. The car was also damaged extensively. The wife, the

surviving child of Chacko George and the parents of Chacko

George, thereupon instituted collectively and individually five

proceedings for compensation before the Motor Accidents Claims

Tribunal. One for the loss caused to them on account of the death of

Chacko George, one for the loss caused to them on account of the

death of the minor child, one for the damage caused to the car

in the accident and the remaining for the injuries caused to them

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in the accident. Compensation was claimed in the proceedings from

the owner, driver and insurer of the bus alleging that the accident

occurred on account of the negligence of the driver of the bus. The

insurer of the bus contested the proceedings contending,