JUDGMENT :

1. Aggrieved by the Judgment dated 03.04.2013 in MVOP.No.321 of 2011 passed by the Chairman, Motor Accident Claims Tribunal-Cum-VI Additional District Judge (F.T.C.), Guntur (for short 'the Tribunal'), the Oriental Insurance Company, the 2nd respondent in M.V.O.P. preferred this appeal questioning the correctness of the Tribunal's Award.

2. For the sake of convenience, hereinafter, the parties will be referred to as per their rankings in the M.V.O.P.

3. The petitioners filed a claim under sections 140 and 163-A of the Motor Vehicles Act and rule 455 and 476 of A.P.M.V.Rules for compensation of Rs.4,00,000/- for causing the death of Yerramsetty Nagaraju (hereinafter be referred as ‘deceased’) in a motor vehicle accident.

4. The claimant's case is that the deceased worked as a Sweeper in a private college at Yanamalakuduru and used to earn Rs.3,300/- per month. On 06.06.2010 at about 07.00 PM, the deceased, his wife, daughter and one Prasad boarded at Chilakaluripeta in a lorry bearing No.AP27Y6449 (hereinafter referred to as 'offending vehicle') by paying Rs.700/- towards transportation charges of the said luggage to go to Vijayawada to shift their family along with their lug