J U D G M E N T

The appellant was the petitioner in O.P.(MV)

No.926 of 2005 on the files of the Motor Accidents Claims Tribunal, (hereinafter referred to as 'the Tribunal'), Pala and the respondents are the respondents therein. The said petition was filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the M.V. Act'), claiming compensation for the injuries sustained by the appellant in a road traffic accident. The parties are referred to as in the Original Petition.

2. The petitioner was a minor aged four years, represented by her father. The case of the petitioner is that on 07.01.2005 at 4.00 pm, while the petitioner was travelling in an autorikshaw bearing Registration No.KL-5/G-9088 to her house from Kanjiramattom school, when the vehicle reached at Kappilikunnu bhagom the vehicle overturned due to the rash and negligent driving of the 1st respondent and in that accident she sustained grievous injuries. The 1st respondent is the owner of the autorikshaw also. Immediately after the accident, she was taken to Matha Hospital, Thellakom, where she was given first aid and then she was referred to Specialist Hospital, Ernakulam. In the said hospital, sh