YADAGIRI NARSAIAH Vs. K. VENKAT RAM REDDY

JUDGEMENT

(1.) THE claimants, in the claim petition, filed this appeal having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal -cum -District Judge, Nizamabad, (for short, 'Tribunal') in M.V.O.P. No. 1321 of 2001 dated 12.10.2004, awarding compensation of Rs. 1,13,092/ - (Rupees One lakh thirteen thousand ninety two only) with interest at 9% per annum as against the claim of the claimants 1 and 2, sons of the deceased, of Rs. 5,00,000/ -(Rupees Five lakhs only), in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act').

(2.) HEARD Sri M. Rajamalla Reddy, the learned counsel for the appellants and Sri Ravi Shankar Jandhyala, learned standing counsel for the 2nd respondent. The 1st respondent un -served though personal service ordered by this Court and sent to same address returned un -served and no further steps taken. In fact he remained exparte even before the Tribunal and even not impleaded as party to the appeal, appeal is maintainable as per the contention of the appellant by following the Division Bench Judgment of this Court in M. Chakradhara Rao v. Y. Baburao : 2001 (1) ALT 495 DB. Perused the material on record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

(3.) NOW the points that arise for consideration in the appeal are: