U. DURGA PRASAD RAO, J.

Aggrieved by the Award dated 21.09.2008 in M.V.O.P No. 717 of 2008 passed by the Chairman, MACT-cum-I Additional District Judge, West Godavari, Eluru (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 case of the claimants is that on the intervening night of 10/11.06.2006 at about 2 AM, when the deceased Ande Adinarayana Rao @ Ranga Babu along with his friend Prathi Anjaneyulu (PW2) was going on motorcycle bearing No. AP 37 AJ 3461 belonging to 1st respondent, after crossing Rachuru village the deceased hit the road side electrical pole and died on the spot. On this plea, the claimants filed M.V.O.P No. 717 of 2008 under Section 166 of Motor Vehicles Act, 1988 (for short M.V Act) and claimed Rs. 6,00,000/- as compensation against respondents 1 and 2 who are owner and insurer of the motorcycle.

(b) R1 remained exparte.

(c) Respondent No. 2.Insurance Company filed counter denying all the material averments made in the petition and contended that as the deceased stepped into the shoes of the insured, he is not a third party a