JUDGMENT :

This is an appeal filed by the 3rd respondent in O.P.(M.V.) No. 3316/2004 on the file of the Motor Accidents Claims Tribunal, Thrissur. It is a claim petition filed under Sec. 166 of the Motor Vehicles Act. The claim petition was filed by one Shaji s/o Thankappan. Pending the claim petition, Shaji died and his legal heirs are impleaded as petitioners 2 to 5. (Hereinafter the parties are mentioned in accordance to their rank before the Tribunal).

2. The short facts are like this :

On 27.10.2004 at about 7.30 pm, the deceased 1st petitioner, a pedestrian was knocked down by a goods carrier autorickshaw bearing registration No. KL-8/S 4758 driven by the 2nd respondent. He sustained serious injuries and he was taken to the Medical College Hospital, Thrissur, and was treated as an inpatient in the hospital. Subsequently, he filed the claim petition claiming compensation for his personal injuries sustained in the accident. Pending the claim petition, he died on 16.4.2011. Thereafter, his legal heirs were impleaded as petitioners 2 to 5 before the Tribunal.

3. To substantiate