TEMBURU DHANA LAKSHMI Vs. JAYA PRAKASH

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short "the Act") is filed at the behest of the claimants, challenging the Judgment and Award dtd. 16/10/2017 passed by the Motor Accidents Claims Tribunal-cum-VII Additional District Judge (Fast Track Court), Visakhapatnam (for short "the Tribunal") in M.V.O.P.120 of 2015 awarding a sum of Rs.21,20,000.00 with interest @ 6% per annum as compensation to the claimants from the date of petition till the date of realization against Respondents 1 to 4 jointly and severally.

(2.) For the sake of convenience, the parties are hereinafter referred to as they are arrayed before the Tribunal in the claim petition.

(3.) The brief facts, as culled out from the record, are that this claim petition was filed by the claimants seeking compensation for the death of the deceased - T.Tirupathi Rao in a road traffic accident. On 6/11/2013 at 8.15 a.m., when the deceased was going on his motorcycle bearing No.TN 09 BS 9749 along with his two children - Neerajana and Rohit Ram Charan Teja to drop them at the school, and when he reached opposite to the Traffic Control Room, Sardar Patel Road, a garbage carrying vehicle bearing No.TN 04 A/C 8791 owned by the 2nd respondent (Commissioner, Municipal Corporation, Chennai) driven by its driver, came in a rash and negligent manner and hit the motorcycle from behind due to which, he along with his two children fell on the ground, and sustained severe injuries. The said garbage vehicle ran over the rider of the motorcycle i.e., deceased - Tirupathi Rao and he died on the spot. Whereas, his son and daughter also sustained injuries and the daughter of the deceased died on the spot. His son was shifted to the hospital for treatment.