JUDGMENT :

NINALA JAYASURYA, J.

1. The present Appeal is preferred by the appellant-Insurance Company aggrieved by the Judgment and Decree dated 07.01.2005, passed in M.V.O.P. No. 78 of 2001 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Kakinada (hereinafter referred to as “the Tribunal”) wherein an amount of Rs.2,43,000/- was awarded as compensation with interest @ 9% p.a. against the owner of the vehicle and the insurance company jointly and severally.

2. Heard Mr. Naresh Byrapaneni, learned counsel for the appellant-Insurance Company and Mr. N. Siva Reddy, learned counsel for the respondents-claimants.

3. For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the Tribunal in the Original Petition.

4. The petitioners i.e. wife, parents and minor child of a deceased coolie filed the above said O.P stating inter-alia that on 23.04.2000 while the deceased (husband of the 1st petitioner) was returning from Talupulamma Lova in a tractor-cum-trailer bearing registration No. AP5T 5381/5382, the driver of said vehicle (R1) suddenly applied brakes, as a result the deceased fell down from the vehicle and