JUDGMENT :

1. Aggrieved by the order and decree dated 18.06.2008 in M.V.O.P. No.608 of 2005 passed by the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Vizianagaram (for short "the tribunal"), the respondent No.6-New India Assurance Company Limited, represented by its Divisional Manager, Srikakulam, filed M.A.C.M.A. No.3485 of 2008. In contrast, the claimants have filed M.A.C.M.A. No.3971 of 2012. Both appeals are disposed of by common Judgment because they arise from the orders made in M.V.O.P. No.608 of 2005.

2. For convenience's sake, the parties will hereinafter be referred to as arrayed in the M.V.O.P.

3. It is a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short ‘M.V.Act’) claiming compensation of Rs.12,00,000/- on account of the death of Ravva Ramarao (hereinafter refer to as ‘the deceased’) in a motor vehicle accident that occurred on 03.12.2004.

4. It is not in dispute that the deceased is the husband of the first Claimant and the father of claimants 2 to 4.

5. The Claimant's case is that on 03.12.2004, the deceased went to the outskirts of Nellimarla village near Railway Bridge with his cousin to answer their calls of