JUDGMENT :

R. KANTHA RAO, J.

1. This Civil Miscellaneous Appeal is filed by the appellants-claimants against the award and decree dated 01-11-2002 passed by the IV-Additional Chief Judge-cum-Motor Accident Claims Tribunal, City Civil Court, Hyderabad, in O.P. No. 2310 of 2000. Heard Sri M. Krishna Reddy, the learned counsel representing the appellants-claimants and Sri A. Ramakrishna Reddy, the learned standing counsel for the respondent No.2-United India Insurance Company Limited, Hyderabad. The appeal against Respondent No.1 was dismissed for default on 28-1-2010.

2. The facts in brief are that the deceased, who was a painter by profession said to be earning Rs. 3,000=00 per month received fatal injury in the accident that occurred on 09-10-2000 at about 12:15 p.m. near Ghareeb Nawaz Hotel, Chandrayangutta, Hyderabad, due to involvement of the lorry bearing No. AIT 6366. The learned Claims Tribunal recorded a finding that the accident occurred due to rash and negligent driving of the driver of the aforesaid lorry and fastened liability on the first respondent-owner and second respondent-Insurance Company jointly and severally.. The said finding have not been appealed against by the