JUDGMENT :

1. Challenging the judgment and decree, dated 26.04.2005, passed in O.P.No.335 of 2002 on the file of the Chairman, Motor Accident Claims Tribunal-cum-District Judge, Adilabad (for short “the Tribunal”), the claimants filed the present appeal.

2. The facts, in issue, are as under:

3. The appellants/claimants, who are the wife, children and mother of one Kanakaiah (hereinafter referred to as “the deceased”), filed a petition under Sections 166 and 163-A of the Motor Vehicles Act claiming compensation of Rs.10,00,000/- for the death of the deceased in a motor accident that occurred on 25.08.1999. It is stated that on that day the deceased, along with two others, was proceeded in an Auto bearing No. A.P 13 U 4969 from Godavarikhani Cross Roads to 8th Incline and when the auto reached near 11th Incline Crossroads, a Jeep bearing No.AP-15-T-5759 came behind while overtaking the auto and dashed against it from backside, due to which, the auto lost control and turned turtle. As a result of which, the deceased fell down, received head injury and died on the spot. Basing on a complaint, a case in Crime No.121 of 2001 has been registered against the driver of the Jeep. It is also sta