JUDGMENT :

1. Aggrieved by the order and decree dated 03.02.2012 in M.V.O.P. No. 281 of 2010 passed by the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge, Nandyal (for short, "the Tribunal"), the 2nd respondent, Shriram General Insurance Company Limited, rep., by its Legal Officer, Jaipur, Rajasthan state, preferred the present appeal questioning the Tribunal's Award.

2. The parties will hereinafter be referred to as arrayed in the M.V.O.P.

3. The claimant has filed a petition under Section 166 (v) of the Motor Vehicles Act, 1988, seeking compensation of Rs.5,25,000/-for the death of Y. Kasi Viswanath (hereinafter will be referred to as deceased).

4. The claimant is the mother of the deceased. It is her case that on 01.03.2010 at about 02.00 PM, the deceased and another were engaged by the 1st respondent for loading and unloading the fertilizers in the tractor and trailer bearing No.AP04-A-8179 and 8180 (hereinafter will be referred to as 'offending vehicle') at District cooperative Agricultural Society, A. Kodur Village. Due to the holiday of Society, the deceased and other coolies were returning to Somayajulapalli; when the offending vehicle reached t