JUDGMENT :

1. The appellant is second respondent in M.V.O.P.No.1021 of 2009 on the file of the Motor Vehicles Accidents Claims Tribunal (Additional District Judge-cum-Judge, Family Court), Guntur, and the respondents are the petitioners and R1 in the said case.

2. Both the parties in the appeal will be referred to as they are arrayed in claim application.

3. The claimants filed a Claim Petition under section 163-A of Motor Vehicles Act against the respondents, praying the Tribunal to award an amount of Rs.1,50,000/- towards compensation for the death of unmarried 22 years old Tractor Mechanic in a Motor Vehicle Accident occurred on 26.10.2008 at 11.30 PM.

4. The case of the claimants is that on 26.10.2008, the deceased was coming from Telagapalem village of Ponnur Mandal after dropping his friend at his house on the offending motor cycle, at about 11.30 p.m., while he was passing near Bhavannarayana Swamy Temple, he dashed against the telephone poll situated on the left side of the road, fell down and sustained fatal injuries and he was shifted to Government General Hospital, Guntur in 108 Ambulance, but died while undergoing treatment on that intervening night and police registered