JUDGMENT :

K. MANMADHA RAO, J.

1. Challenging the award and decree dated 31.08.2010 passed in M.V.O.P. No. 773 of 2007 on the file of the Chairman, Motor Vehicle Accidents Claims Tribunal-cum-Principal District Judge, East Godavari, Rajahmundry (for short “the Tribunal”) the present appeal is preferred by the 3rd respondent in the O.P. i.e. the ICICI Lombard General Insurance Company Limited.

2. For the sake of convenience, the parties will hereinafter be referred to as arrayed in O.P.

3. The claimants, who are the wife, children and the mother of the deceased Kakkala Rambabu filed application under Section 163-A of Motor Vehicles Act, 1988 claiming compensation of Rs.5,00,000/- for the death of the deceased, in a road accident which took place on 18.6.2007 at about 11.30 a.m. It is stated that on a fateful day i.e. on 18.6.2007 at about 11.30 a.m., the deceased Kakkala Rambabu and some other coolies loaded mud on the trailer bearing registration No. AP 05 AM 8279 and he sat on the mud load and travelled to unload the mud in the Palmolive field of the 2nd respondent situated behind Sree Venkateswara Tiles Works factory at Neeladriraopeta, Gandepalli Mandal, whereas the 1st respondent d