JUDGMENT :

1. This appeal is preferred by the Appellants/claimants, challenging the award dated 21.06.2013 passed in M.V.O.P.No.782/2011 on the file of Motor Accidents Claims Tribunal-cum-II Addl.District Judge, Parvathipuram, wherein the Tribunal while partly allowing the petition, awarded compensation of Rs.3,91,000/-with interest @ 6% p.a. from the date of petition, till the date of realisation to the petitioners/claimants, for the death of Bheemapalli Dalappadu, in a motor vehicle accident.

2. For the sake of convenience, the parties are arrayed as parties before the tribunal.

3. As seen from the record, originally the petitioners filed an application U/s.166 of Motor Vehicles Act, 1988 (for brevity “the Act”) claiming compensation of Rs.5,00,000/-on account of the death of Bheemapalli Dalappadu, who is the husband of the 1st petitioner, father of the petitioners No.2 and 3 and son of the 4th petitioner, in a motor vehicle accident that occurred on 10.03.2011.

4. The facts show that on 10.03.2011 the deceased Bheemapalli Dalappadu started in tractor/trailer No. AP 35 V 4169 and AP 35 T 0138 from cashew garden to Burley Pond at Lidikivalasa in order to load the water into trailer-cum-tank. When he reached near Lidikivalasa at about 09.45 a.m., due to rash and negligent driving of the 1st respondent driver inspite of cautions given by the deceased and co-labourers, the deceased fell down from the trailer and sustained injuries all over his body. He was shifted to Govt. Hospital, Parvathipuram, where he succumbed to injuries during the course of treatment. Due to the sudden demise of deceased, the petitioners became destitute as they lost their livelihood, since the deceased use to contribute his earning of Rs.200/-per day as loabourer to maintain them.

5. Before, the Tribunal, the 3rd respondent filed counter resisting, while traversing the material averments with regard to proof of age, avocation, monthly earnings of the deceased, manner of accident, rash and negligence on the part of the driver of the offending vehicle, liability to pay compensation, and contended that the 2nd respondent committed wilful breach of terms and conditions of the insurance policy, as such, 2nd respondent alone is liable to pay compensation. The deceased travelled in the crime vehicle as an unauthorised passenger, but not as its labourer and even otherwise, the deceased shall not travel in the crime vehicle, since its seating capacity is nil. This respondent is not liable to pay compensation, since risk of deceased is not covered.

6. The respondents No.1 and 2 remained exparte.

7. On the strength of the pleadings of both parties, the Tribunal framed the following issues:

1. Whether the accident and death of deceased viz., Bheemapalli Daleppadu is due to the rash and negligent driving of the vehicle (tractor/trailer) bearing Nos./AP 35V 4169 and AP 35T 0138 by its driver?

2. What is the correct age of the deceased as on the date of accident?

3. Whether the petitioner is entitled to any compensation, and if so, at what amount and from which of the respondents?

4. To what relief?

8. To substantiate their claim, the petitioners examined P.Ws-1 and 2 and got marked Exs.A-1 to A-4. On behalf of the 3rd respondent, R.Ws-1 and 2 were examined and Ex.B-1 and Exs.X-1 to X-4 were marked.

9. The Tribunal, taking into consideration the evidence of P.Ws-1 and 2, coupled with Exs.A-1 to A-4, held that the accident took place due to the rash and negligent driving of the driver of tractor and trailer, and further, taking into consideration the evidence of P.Ws-1 and 2, corroborated by Exs.A-1 to A-4, awarded a compensation of Rs.3,91,000/-with interest @ 6% p.a. from the date of petition, till the date of realisation against the respondents 1 and 2 only, and petition against the 3rd respondent/Insurance Company is dismissed.

10. This an appeal filed by the claimants No.1 to 4, who arte petitioners in MVOP No.782/2011 on the file of Motor Accident Claims Tribunal-