JUDGMENT

Introductory:

1. This appeal is directed against the judgment and decree dated 19.10.2011 passed in M.V.O.P.No.29 of 2008 by the Motor Accidents Claims Tribunal-cum- II Additional District Judge, Amalapuram (for short “the learned MACT”). The petitioners before the learned MACT are the appellants herein.

2. Feeling aggrieved and dissatisfied with the dismissal of the claim petition filed under Section 166 of the Motor Vehicles Act, wherein compensation of Rs.4,00,000/- was claimed for the death of Palli Bangarayya (hereinafter referred to as “the deceased”), the present appeal is filed.

3. Respondent Nos.1 to 3 herein are the driver, owner and insurer of the tractor bearing Registration No.AP 5P 5228 and Respondent Nos.4 and 5 herein are the insurer of trailer bearing No.AP 5X 7352 and the registered owner of tractor respectively.

Case of the Claimants:

4(i). On 10.06.2007 at about 10.00 a.m., the deceased Palli Bangarayya, a coconut plucker, after completion of coconut plucking work at Chinnagullapalem, was returning to Kothapeta on his bicycle. When he reached near Old Ramalayam Centre, Kothapeta, East Godavari District, the tractor coming from the opposite direction in a rash