JUDGMENT :

U. DURGA PRASAD RAO, J.

1. Challenge in this appeal is the award dated 02-06-2008 in O.P. No. 327 of 2005 passed by the Motor Accidents Claims Tribunal-cum-I Additional District Judge, West Godavari at Eluru (for short "the Tribunal) whereunder the Tribunal in respect of death of one Karimella Narasimhacharyulu @ Narasimhamurthy (hereinafter "the deceased") in a motor vehicle accident has granted compensation of Rs. 2,97,000/- against respondents 1 and 2 and dismissed the claim against the third respondent i.e. New India Assurance Company Limited. Hence, the instant MACMA by the claimants, who are L.Rs. of the deceased, to grant decree against the third respondent/Insurance company also.

2. Factual matrix of the case is thus:

(a) Claimants 1 and 2 are wife and son of the deceased. Respondents 1 to 3 before the tribunal are: driver, owner and insurer of the auto bearing No. AP 37W 2729.

(b) The case of the claimant is that on 30-09-2004 when deceased, his wife and his brother's son viz. K. Appalachari were travelling in auto bearing No. AP 37W 2729 from Agadalalanka village of Bhimadolu Mandal in West Godavari district to go to Bhimadolu and on the way when the auto reached Gu