JUDGMENT :

1. The appellants are claim petitioners and the respondents are respondents in M.V.O.P.No.396 of 2006 on the file of the Chairman, Motor Accident Claims Tribunal-cum-IV Additional District Judge, East Godavari at Kakinada. The appellants filed the appeal questioning the legal validity of the order of the Tribunal.

2. For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the claim petition.

3. The claim petitioners filed the petition under Section 166 of the Motor Vehicles Act, 1988 read with Rule 455 of the A.P.M.v. Rules, 1989 claiming compensation of Rs.3,50,000/- for the death of their father, namely, Vaddi Arjuna Rao, in a motor vehicle accident that took place on 09.02.2004.

4. The brief averments in the petition filed by the petitioners are as follows:

On 09.02.2004 at about 2.00 a.m. the deceased was proceeding on his bicycle and when he reached near the Driver’s colony at Pithapuram, an auto bearing registration No.AP 5Y 4515, which was coming from uppada and proceeding towards Pithapuram, being driven by its driver in a rash and negligent manner came and dashed against the deceased, as a result, the deceased susta