JUDGMENT

The Civil Miscellaneous Appeal has been filed by the insurance company challenging the award passed by the Motor Accident Claims Tribunal in MCOP No. 1151 of 2022.

2. The main original petition was filed by the dependents of the deceased Rajkumar seeking compensation of Rs.1,00,00,000/-.

3. According to the claimants, the husband of the first claimant, father of the minor claimants 2 and 3 and son of the 4^th claimant namely Rajkumar died in a road accident that had occurred on 18.04.2022. According to them, when he was sleeping on the road divider in the National Highway at Alampuram Village, West Godavari District, a goods carrier belonged to the 5^th respondent and insured with the appellant came in a rash and negligent manner and dashed against the deceased. As a result of the accident, he died. Hence, the claim petition was filed by the dependants of the deceased seeking compensation.

4. The 5^th respondent, the owner of the goods carrier, remained exparte before the Tribunal and the claim petition was opposed by the insurer. According to the insurer, at the time of accident, the deceased was sleeping on the divider in the middle of the road and therefore, the accident had o