NELLURI SAMBASIVA RAO Vs. B RAMAPRASADAM

JUDGEMENT

(1.) Though notice served on the second respondent but there is no appearance on behalf of second respondent-United India Insurance Company Limited, Jaggaiahpet, Krishna District. Mr. T.S. Rayalu, the learned Counsel appearing on behalf of appellants-claimants insisted to dispose of the appeal on merits.

(2.) Originally the first claimant who sustained injuries in the motor accident filed claim-petition for grant of compensation of Rs. 1,30,000-00 but restricted his claim for Rs. 1,00,000-00 owing to the injuries sustained by him in the motor accident. Subsequently, pending trial of claim-petition, the first claimant succumbed to the injuries on 1-4-1999. The Claimants 2 to 4 who are legal representatives of the deceased-Claimant No.1 where brought on record as per orders dated 21-7-2000 in IA.No.582 of 2000 passed by the Claims Tribunal in the main claim-petition. Now the legal representatives of the first claimant, who are Claimants 2 to 4 have filed this civil miscellaneous appeal against the award and decree dated 19-10-2000 in MVOP.No.831 of 1997 on the file of the Court of Motor Accident Claims Tribunal (III-Additional District Judge) Guntur District, holding that the Respondents 1 and 2 herein who are owner and insurer of offending lorry bearing Regn.No.AP.16-V-1127 are jointly and severally liable to pay compensation of Rs. 1,00,000-00 together with interest @ 9% p.a., thereon from the date of application till its realization as against the claim made under Section 163(A) of the Motor Vehicles Act (for brevity 'the Act') for the injuries received by the first claimant.

(3.) The facts giving rising to the filing of this appeal can be summarised as follows: