U. Durga Prasad Rao, J.

1. Challenging the award dated 14.07.2010 in O.P. No. 542 of 2007 passed by the Chairman, M.A.C.T.-cum-I Additional District Judge, at Mahabubnagar (for short the Tribunal), the 2nd respondent in the OP/Bajaj Allianz General Insurance Company Limited preferred the instant appeal.

2. The factual matrix of the case is thus:

(a) The first claimant is the wife, claimants 2 to 4 are children and fifth claimant is the mother of the deceased M. Sudhakar. Their case is that on 28.06.2007, at about 7:00 p.m., when the deceased was proceeding on a motorcycle as pillion rider and when he reached near a factory, one motorcycle bearing No. AP 29 E 4956 came in opposite direction being driven by its driver at high speed and in a rash and negligent manner and dashed the motorcycle of the deceased. In the resultant accident, the deceased sustained head injury and other injuries all over the body and lost consciousness. Immediately, he was shifted to Government hospital, Shadnagar and from there to Yashoda Hospital at Hyderabad and while undergoing treatment he succumbed to injuries on 30.06.2007. It is averred that the accident was occurred due to the fault of the driv