( 1 ) ONE Parpudi Srinivasa rao, aged about 28 years was travelling on a scooter as pillion. The said scooter bearing No. AP 31 A 468 met with an accident as a result of rash and negligent driving of the person driving the scooter. Said Srinivasa Rao died in the accident near Yendada bus stop at Km. Stone No. 6/7. His wife, two minor children and mother filed O. P. No. 693 of 1992 on the file of Motor Accidents Claims Tribunal-cum-III Additional district Judge, Visakhapatnam. The claim was opposed by the insurance company. They also alleged that the vehicle was driven by Srinivasa Rao and that the insurance policy does not cover him. Alternatively, it is alleged that the insurance policy does not cover the risk of pillion rider on motor cycle. The amount claimed was also disputed. The claimants examined PW 1 (wife of the deceased) and PW 2 (mother of the deceased) and marked Exhs. A-1 to a-13, including the insurance policy, as exh. A-11. The respondents examined rw 1, Assistant of the insurance company and RW 2, owner of the scooter besides marking Exhs. B-1 to B-7. After framing the relevant issues, the Tribunal recorded a finding that the accident occurred due t