JUDGMENT

Bhavadasan, J, Are the legal heirs of a person, who died as a result of an injury suffered due to the fall in the pot hole on a main road, entitled to receive compensation? If so, who is liable? These are some of the interesting questions thrown up for consideration in this appeal. First on to the facts:

Little did the members of the family of late Rafeeq realise what was in store for them on 18.7.1991, when Rafeeq as usual set out on his bicycle to the parallel college to attend classes. On the way back he fell into a pot hole on the road. He suffered a head injury. He was taken to Anwar Memorial Hospital, from where he was referred to Medical Trust Hospital, Ernakulam. He left for the heavenly abode on 20.7.1991 at 6.45 p.m. According to the plaintiffs, the cause of injury was the fall in the pot hole on Kodungallur-

A.S.918/1997. 2 Kongorppilly road maintained by the P.W.D. It is pointed out that on several occasions complaints had been preferred to the P.W.D. by the people regarding the pot holes on the road, but that did not yield any result. Had the road been properly maintained, according to the plaintiffs, this mishap could have been avoided. They also pointed out tha