JUDGMENT

The appellants were the petitioners in OP(MV)No.983 of 2003 on the file of the Motor Accidents Claims Tribunal, Neyyattinkara. The respondents in the appeal were the respondents before the Tribunal. Pursuant to the orders of this Court on 30.03.2021 in I.A.No. 1 of 2021, the 1st respondent has been deleted from the party array.

2. The appellants had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the death of Pradeep Kumar (deceased) - the husband of the 1st appellant, the father of the appellants 2 and 3 and son of appellants 4 and 5.

3. The concise case of the appellants in the claim petition, relevant for the determination of the appeal, is : on 22.05.2003 while the deceased was riding his motorcycle bearing registration No.KL 01/Z 6650 with his wife - 1st appellant, who was a pillion rider, along the Kanjiramkulam – Vazhimukku public road, when they reached Balaramapuram, an autorickshaw bearing registration No.KL 01/ G 9912 (offending vehicle) driven in a rash and negligent manner hit on the rear portion of the motorcycle. The deceased and his wife were thrown off the road and sustained serious injuries. They