The order dated 28-12-2004, passed by the Motor Accidents Claims Tribunal-cum -Additional District Judge, Mahabubnagar, in O.P. No.661 of 1998, is challenged by the 2nd respondent therein.

2. 1st respondent is the wife, respondents 2 to 6 are children and respondents 7 and 8 are the parents of late Doriya. He was the ownercum-drive of a vehicle, bearing No.AAB-338, which was used in transporting bricks and sand, to Hyderabad.

3. On 20-5-1998, the lorry driven by late Doriya reached the cross roads at Aramghar. At that time, a lorry bearing No.AP-11T-5423, owned by the 9th respondent and insured with the appellant, came and collided with other lorry. Doriya is said to have died due to the injuries, after he was shifted to Osmania Hospital. Crime NO.1930f 1998 was registered.

The respondents 1 to 8 claimed a sum of Rs. 2,50,000/- as compensation, under Section 166 of the Motor Vehicles Act (for short "the Act"). It was alleged that the deceased was earning a sum of Rs. 6,000/to 7,000/- per month and that his age was 40 years.

4. The O.P. was resisted by the appellant herein. The owner of the vehicle remained ex parte. It was pleaded that the deceased himself was responsible for the