JUDGMENT:

1. Aggrieved by the order dated 13.09.2011 in M.V.O.P. No.89 of 2010 passed by the Chairman, Motor Accidents Claims Tribunal -cum-I Additional District Judge, Krishna at Machilipatnam, (for short “the tribunal”), the appellant/3rd respondent - Bajaj Allianz General Insurance Company Limited, represented by its Manager, has preferred this appeal questioning the award and the liability fastened on it.

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

3. The claimants have filed an application under Section 166 of the Motor Vehicles Act, 1988 (short “MV Act”) claiming compensation of Rs.6,00,000/- on account of the death of Peruboina Subrahmanyam, who is the son of claimants 1 and 2 and the brother of claimant No.3, in a motor vehicle accident that occurred on 06.12.2009. The said Peruboina Subramanyam would hereinafter be referred to as "the deceased".

4. The case of the claimants is that in the afternoon of 06.12.2009, at the instructions of his employer, who is the owner of Truck Auto bearing No. AP-16-TA-1253 (hereinafter referred to as ‘offending vehicle’) for loading eggs from poultry farms, the deceased sat over the empty eg