JUDGMENT:

This Appeal is filed by the National Insurance Company Limited against the Judgment dated 19.09.2005 in O.P.No.275 of 2001 on the file of the Court of Motor Accidents Claims Tribunal cum District Judge, Ongole.

2. Heard Puppala Suribabu, learned counsel for the Appellant and Sri Kurra Srinivasulu, learned counsel for the Respondents and perused the record.

3. Shorn off unnecessary facts, suffice it to state that the deceased was a gratuitous passenger, where, on his death on 06.05.2001, his legal representatives claimed compensation of Rs.2,50,000/- against Respondent No.1 with a direction to Respondent No.2, the National Insurance Company Limited, to make good the same in favour of the Claimants and recover from the owner.

4. Factum of neither the death of Sri Jampu Sreenivasa Rao on 06.05.2001, nor his age or that he is a gratuitous passenger is in dispute. The Salary Certificate issued by his employer M/s Sri Raghavendra Plastics, Nandyal showing that the deceased was earning Rs.4,500/- per month (Ex.A.8, Salary Certificate) was not accepted by the Tribunal. The Tribunal relied on the information in Ex.A.15, which is the Ration Card issued in the name of the deceased dated