JUDGMENT:

1. Aggrieved by the Award and Decree dated 02.08.2012 in M.V.O.P. No.600 of 2009 passed by the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge (F.T.C.), Anantapur (hereinafter will be referred to as ‘Tribunal’), the claimants filed this appeal questioning the correctness of the Tribunal’s Award in not fastening the liability on the 2nd respondent/Insurance company.

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

3. The claimants/appellants filed a petition U/s.163-A of the Motor Vehicles Act, 1988 (hereinafter will be referred to as ‘Act’) for compensation of Rs.4,00,000/- on account of the death of Vallam Narasimhulu (hereinafter will be referred to as 'deceased') who died in a Motor vehicle accident.

4. The claimant's case is that on 17.04.2009, the deceased boarded the auto-rickshaw bearing No.AP02-TRAB 6644 at Kadiri, along with five passengers, when it reached Weavers colony Saraswathi Vidya Mandir while the auto was proceeding on the extreme left side of the road, the lorry bearing No.KA-21-A-1764 (hereinafter will be referred to as //2//

‘offending vehicle') came from the Hindupur side dri