JUDGMENT :

1. This appeal under section 173 of the Motor Vehicles Act, 1988 (for short ‘the MV Act ’) is filed by the appellants/claimants impugning the award dated 06.06.2012 of the learned Chairman, Motor Accident Claims Tribunal – Cum – Additional District Judge, Kadapa at Proddatur in MVOP.No.146 of 2006.

2. Heard arguments of Sri KMR Bala Prasad, the learned counsel for appellants and Sri K.Rama Mohan Rao, the learned standing counsel for respondent No.2/ insurance company.

3. Sri V.Hassan Sab was aged 28 years and was a coolie earning Rs.3,000/- per month. On 21.03.2006 at about 5 PM, along with his brother, he was walking on the left side of the road in village at which time a mini lorry bearing registration No.KA 04 A 1184 was driven by its driver rashly or negligently which came from behind the pedestrians and dashed Sri V.Hassan Sab leading to his spot death. His brother PW.2, having witnessed the incident, lodged written information which was registered as Cr.No.41 of 2006 at Mydukur Urban Police Station as evidenced by Ex.A1/ FIR. After due investigation, a chargesheet was laid against the driver of the offending lorry as evidenced by Ex.A3/ charge sheet. The dead body was