JUDGMENT :

DUPPALA VENKATA RAMANA, J.

1. This appeal is preferred under Section 173 of the Motor Vehicles Act, 1988 (for short “the Act”) by the appellant-M/s.National Insurance Company against the Award and Decree dated 29.09.2005 passed by the learned Motor Accidents Claims Tribunal-cum-VI Additional District Judge (Fast Track Court), East Godavari, Rajahmundry, (for short “the Tribunal”), in M.V.O.P.No. 659 of 2001 granting compensation of Rs.50,000/- with proportionate costs and with interest @ 9% per annum thereon from the date of filing of the petition till realization, against the respondents.

2. For the sake of convenience, the parties are hereinafter referred to as they are arrayed before the Tribunal in the claim petition.

3. The factual context of the case, is as under:

(a) On 30.04.2001, while the petitioner/injured being the driver of the Van bearing No. AP 37 T 3033 along with cleaner and additional driver were proceeding to Chelluru from Ramachandrapuram, and when they reached Pasalapudi centre, and in the process of overtaking another vehicle, the petitioner/injured