1. This civil miscellaneous appeal is filed aggrieved over the award dated 21.4.2008 passed in M.V.O.P. No. 564 of 2006 by the Chairman, Motor Accidents Claims Tribunal - cum - Principal District Judge, Kurnool.

2. The aforesaid claim petition was filed by the claimants claiming compensation of Rs. 5,00,000 on account of death of one T. Prasad in a motor vehicle accident that took place on 9.6.2005. It was averred in the claim petition that on 9.6.2005 at about 1 p.m. the deceased T. Prasad was proceeding on the tractor - trailer bearing registration Nos. AP 21 - V 2919 and AP 21 - V 2920 as driver. When the said tractor was crossing the unmanned railway gate No. 137 in between Kurnool town and Dupadu Railway Station, it being driven in a rash and negligent manner, dashed against a train, as a result of which, the deceased died on the spot. It was further averred that at the time of death, the deceased was aged 29 years and used to earn Rs. 4,000 per month. The claimants being dependent on the income of the deceased filed the aforesaid claim petition claiming compensation.

3. The respondent No. 5 herein is the owner of the said tractor and trailer. He remained ex parte before the Tri