JUDGMENT

The appellant is the claimant in O.P.(MV)No.791 of 2009 on the file of the Motor Accidents Claims Tribunal, Palakkad, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 , claiming compensation on account of the death of one Maniyan, son of the appellant, in a motor accident which occurred on 26.07.2008, while he was changing the tyre of a lorry on the mud margin of National Highway. At the place of accident, he was hit by an autorickshaw bearing registration No.KL-11/B-3561, owned by the 1^st respondent, driven by the 2^nd respondent and insured with the 3^rd respondent. In the accident, he sustained fatal injuries, who succumbed to the injuries on 29.07.2008, while undergoing treatment at Medical College Hospital, Kozhikode. Alleging that the accident occurred due to rash and negligent driving of the autorickshaw by the 2^nd respondent driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs.6,00,000/-, under various heads.

2. Before the Tribunal, respondents 1 and 2 remained absent and they were set ex-parte. The 3^rd respondent insurer filed written statement admitting insurance coverage of the autorickshaw involved in t