JUDGMENT :

Heard Smt. A.Jayanthi, learned counsel for the appellant/Insurance Company. None appeared for the respondent Nos.1 to 3/claimant Nos.1 to 3 though, posted under the caption ‘For Judgment’.

2. This appeal directed by the appellant/respondent No.2/Insurance Company challenging the Order and Decree dated 06.11.2009 passed in M.V.O.P.No.6 of 2005 by the Motor Accidents Claims Tribunal-cum-Principal District Judge, Kurnool (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 claim petition was filed under Sections 140 and 166 of the Motor Vehicles Act, 1988 (for brevity ‘the Act’) claiming compensation of Rs.5,00,000/- for the death of one Balija Gajula Padmavathi (hereinafter referred as ‘deceased’) in a motor vehicle accident occurred on 24.03.2003 at about 9.30 AM.

5. The case of the claimant is that on 24.03.2003 at about 9.00 AM, the deceased along with other boarded the tractor-cum-trailer bearing registration No.AP21T 6558 and AP21T 1262 near Yerraguntla village to go to her village; when the tractor-cum-trailer reached a place near Chinna Malkapuram village;