This appeal is directed against the Order dt. 4.9.2003 in MVOP. No. 565 of 1998 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District, Srikakulam, by the claimants, whereby their claim petition was dismissed.

Brief facts of the case are as follows:

On 26.12.1997 at about 10.30 a.m. the Tractor-trailer bearing No. AP 37 U 203/AP 5 T 5261 belonging to the 1st respondent was engaged by the brother of the deceased to carry stones from Vakalavalasa to Ragolu. The deceased Suryanarayana was assisting his brother in the said work. When the said tractor and Trailer reached Ragolu junction on Palakonda – Srikakulam road, the driver of the tractor stopped it so as to enable the deceased to board the tractor. When the deceased was trying to board the tractor, the 1st respondent without observing whether the deceased boarded the tractor or not drove it rashly and negligently and as a result of which the deceased Suryanarayana fell down and the trailer ran over him. The deceased sustained multiple injuries and succumbed to injuries at Government Hospital, Srikakulam.

The appellants who are the legal heirs of the deceased filed claim petition claiming a compensat