JUDGMENT :

1. Aggrieved by the order dated 29.01.2008 passed by the Chairman, Motor Accident Claims Tribunal-cum-II Additional District Judge, Visakhapatnam, in M.V.O.P.No.1349 of 2004, whereby the Tribunal awarded an amount of Rs.4,00,000/- towards compensation to the petitioners and directed respondent Nos.2 & 3 to pay 50% of the compensation amount and also directed respondent Nos.4 & 5 to pay the remaining 50% of the compensation amount, this instant appeal is preferred by the 5th respondent/Insurance company.

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 (1) of the Motor Vehicles Act, 1988 read with Rule 455 of the A.P.M.V. Rules, 1989 claiming compensation of Rs.4,00,000/- for the death of Bonu Atchutha Rao, who is husband of 1st petitioner and father of petitioner Nos.2 & 3, in a motor vehicle accident that took place on 20.12.2003.

4. Facts germane to dispose of the appeal may briefly be stated as follows:

On 20.12.2003 the deceased and his wife were proceeding from Kotha Road to Dockyard in an auto bearing registration No.AP 31U 5951