ORDER

1. The petitioners herein filed an application for grant of special leave questioning the legality of the judgment and order dated 3-10-2002 passed by a learned Single Judge of the Andhra Pradesh High Court whereby and whereunder an appeal preferred by the respondents herein from a judgment and award passed by the Motor Vehicles Accidents Claims Tribunal being IVth Additional District Judge, East Godavari District was allowed.

2. The fact of the matter is in a narrow compass. One Sri Bommithi Kondala Rao since deceased, was travelling in a lorry bearing Registration No. AIK 4005 on 5-11-1995. The said lorry met with an accident resulting in death of the said Sri Bommithi Kondala Rao. On a claim application filed by the heirs of the said deceased, the IVth Additional District Judge, East Godavari District awarded compensation for the death of the said Sri Bommithi Kondala Rao for a sum of Rs 1,30,000 with interest at the rate of 12% per annum. The Motor Accidents Claims Tribunal, however, was of the opinion that the appellant herein was not liable to pay the said amount of compensation as the deceased was travelling in a lorry as a gratuitous passenger. The said award passed b