Aggrieved by the award dated 02.02.2007 passed in OP No.2656 of 2003 on the file of the XXII Additional Chief Judge-cum-before the Motor Accidents Claims Tribunal, City Criminal Court, at Hyderabad, (hereinafter referred to as ‘the Tribunal’) to the extent of holding that the second respondent–Insurance Company is entitled to avoid its liability to pay the compensation to the claimants, the claimants have preferred this appeal.

2. The parties hereinafter will be referred to as they are arrayed before the Tribunal for the sake of convenience.

3. The first claimant is the father, second claimant is the mother and the third claimant is the sister of the deceased. Their case is that on 15.08.2003 at about 12.30 hours the deceased Alok Kumar Agarwal was proceeding on his Scooter bearing No. AP 12A 851 from Katedan to his house at Siddiambar Bazar and when he reached Miralam tank road, the offending lorry bearing No.ATT 3035 being driven by its driver-cum-owner Mohd. Kaleemulla came from opposite direction and dashed against the scooter and ran over the deceased. The deceased sustained grievous injuries and succumbed to injuries on the spot. The police, Bahadurpura, registered