JUDGMENT :

B.V.L.N. CHAKRAVARTHI J.

Heard Sri Kiran Kumar Baligamsetti, learned counsel for the appellant/respondent No.2/National Insurance Company Limited; Smt. M.Sarada, learned counsel representing on behalf of Sri G.L.Nageswara Rao, learned counsel for the respondent Nos.1 to 5/claimants and Smt.A.Jayanthi, learned counsel for the respondent No.8/ respondent No.4/New India Assurance Company Limited.

2. This appeal directed by the appellant/respondent No.2/National Insurance Company challenging the Order and Decree dated 27.02.2012 passed in M.V.O.P.No.854 of 2010 passed by the Chairman-cum-V Additional District Judge (Fast Track Court), Motor Accidents Claims Tribunal, Guntur (hereinafter referred to ‘Tribunal’).

3. Parties are referred to as they were arrayed in the proceedings before the learned Tribunal, for the sake of convenience.

4. The case of the claimants is that on 09.04.2010 around 4.30 PM, one Baji (hereinafter referred to as ‘deceased’) and others were returning from Jonnalagadda Darga in a lorry bearing registration No.AP16 U 6690 and when they reached Pondugala after one kilometre, another lorry bearing registration No.AP07 W 9369 came in opposite direction also in a