JUDGMENT :

M Venkata Ramana, J.

This appeal is directed against decree and award of Motor Accidents Claims Tribunal cum the Court of learned Principal District Judge, Chittoor, in M.V.O.P.No.422 of 2008 dated 28.03.2011.

2. By this award, out of a claim for Rs.2,00,000/-, the Tribunal awarded Rs.1,30,000/- under different heads.

3. This appeal is preferred by the claimants. They are unfortunate parents of a boy Master Oleti Kusumanth, who was 11 years old and was studying 6th class in R.K.Vidyalaya School, Chittoor. On 08.04.2008, according to the case of the appellants, when he was returning from school in school bus KA-25-4773 when he was alighting, he fell down from the foot board on to the road and when the rear wheel of the bus ran him over causing instantaneous death. It was on account of rash and negligent driving of the driver of the offending bus, according to them.

4. The first respondent is the owner of the bus and it was insured with the second respondent on the date of the accident. The second respondent denied the claim of the appellants mainly on the ground that it