JUDGMENT :

Heard Sri Nagumantri Nageswara Rao, learned counsel for the appellant/respondent No.2/Insurance Company and Sri B.V.Krishna Reddy, learned counsel for the respondent Nos.1 to 4/claimants.

2. This appeal directed by the appellant/respondent No.2/Insurance Company challenging the Order and Decree dated 28.06.2012 passed in M.V.O.P.No.1038 of 2010 by the Motor Accidents Claims Tribunal-cum-II Additional District Judge, Eluru at West Godavari District (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 Section 166 of the Motor Vehicles Act, 1988 (for brevity “the Act”) claiming compensation of Rs.6,00,000/- for the death of one Bandlamudi Moshe (hereinafter referred to as “deceased”) in a motor vehicle accident occurred on 10.08.2010 at about 5.30 PM in the fields of one Nageswara Rao, Sirivada village of Bapulapadu Mandal, Krishna District.

5. The case of the claimants is that the deceased was driving a tractor bearing registration No.AP16 T 5973; while ploughing the land, the tractor turned turtle and fell on the deceased; as a res