(1.) THE 2nd respondent -insurance company, in the claim petition, filed this appeal having been aggrieved by the Order/Award of the learned IV Additional District & Sessions Judge, Fast Track Court, Ranga Reddy District at L.B Nagar (for short, 'the Court below') in O.P.No.847 of 2003 dated 04.04.2005, awarding compensation of Rs.2,74,800/ -(Rupees two lakhs seventy four thousand and eight hundred only) with interest at 9% per annum as against the claim of the claimants of Rs.3,00,000/ -(Rupees three lakhs only), in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act').
(2.) HEARD Sri N.S.Bhaskar Rao, learned standing counsel for the appellant - insurance company and Sri T.S.Rayalu, learned counsel for respondent Nos.1 to 5. The appeal claim against 6th respondent was even dismissed for default, the appeal is maintainable against the insurer of the crime vehicle vide decision in M.Chakradhara Rao V. Yelubandi Babu Rao; 2001 (1) ALT 495 DB . Thus, the appeal is taken up for hearing. Perused the material on record. The parties hereinafter are referred to as arrayed before the Court below for the sake of convenience.
(3.) NOW the points that arise for consideration in the appeal are: