JUDGMENT

ANIRUDDHA BOSE, J.

The appellants before us are a victim of a road accident and his wife. The first appellant is the victim. The accident occurred on 31st December 2003 while the victim was riding his bicycle along the side of Alappuzha­Kolam highway. At the time of institution of the claim petition before the Motor Accidents Claims Tribunal, Alappuzha under Section 166 of the Motor Vehicles Act, 1988 (the Act), out of which this appeal arises, the first appellant was unconscious and was represented by his wife as the legal guardian and next friend. She was also a co-applicant before the Tribunal. It was claimed before the forum of first instance that the victim was skilled labourer in a building construction project. His date of birth is 20th May 1969. Before the Tribunal, his age at the time of accident was found to be above 34 years. He suffered, inter­alia, head injury causing brain concussion, brain stems injury, diffuse axonial injury on left side. He had to undergo extensive treatment in two hospitals, being Medical College Hospital, Vandanam, Alappuzha and therea