THE HON'BLE JUSTICE B.R.MADHUSUDHAN RAO

JUDGMENT:

1. The Motor Accidents Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the MV Act’) assailing the award passed by the Motor Accidents Claims Tribunal - cum - I Additional District Judge, Medak at Sangareddy in MVOP.No.413 of 2011, dated 27.02.2013.

2. Appellants are the petitioners-claimants and respondents are the respondents in MVOP.No.413 of 2011.

3. Appellants-petitioners have filed claim petition under Section 166 of the MV Act claiming compensation of Rs.3,50,000/- for the death of the deceased Myathari Ashappa.

4. Appellant No.1 - petitioner No.1 is the wife, appellant Nos.2 to 5 - petitioner Nos.2 to 5 are the children of late Myathari Ashappa.

5. Myathari Ashappa is a skilled labourer working as a mason and was earning Rs.6,000/- per month. On 04.03.2011 at about 08.00 p.m., Ashappa travelled as a pillion rider on a motorcycle bearing No.AP-23-1274 along with one M.Lasmappa and Mahaboob to go to Shekapur village from Bonasapuram to attend Valima dinner of one Abdul Nabi. Motorcycle was driven by M.Lasmappa and when they reached the shivar of Malchelma village, the driver of the