Aggrieved by the Award dated 23.03.2005 in OP No.400 of 2002 passed by the Chairman, M.A.C.T-cum-I Additional District Judge, Nalgonda (for short the Tribunal), the 2nd respondent in the OP/ New India Assurance Company Limited preferred the instant appeal.

2) The factual matrix of the case is thus:

a) The first claimant is the wife and the second claimant is the daughter of the deceased Venkat Reddy. Their case is that on 09.03.2002 at about 11:00 PM, when the deceased was going on his Hero Honda motorcycle bearing No. AP 28AA 6268 to arrange labourers along with one mason by name M.Narayana and when they reached near tank bund on Bhongir to Yadagirigutta, the breaks of his motorcycle failed and deceased could not control his vehicle and fell into a ditch. Due to which the deceased sustained injuries and died after admitting him in the hospital. On these pleas, the claimants filed OP No.400 of 2002 against respondents 1 and 2, who are the owner and insurer of the motorcycle and claimed Rs.1,00,000/- as compensation under different heads mentioned in the OP.

b) Respondent No.1 remained ex parte.

c) Respondent No.2/Insurance Company opposed the claim denying all the material cla