POTLURU HEMALATHA Vs. P. PRASAD

JUDGEMENT

(1.) Challenge in this Motor Accidents Civil Miscellaneous Appeal is to the Order, dtd. 2/12/2005, passed in O.P. No.329 of 2001 by the Chairman, I Additional Motor Accidents Claims Tribunal, Nellore (for short, "the Tribunal") whereunder the Tribunal, while dealing with the claim laid by the petitioners, under Sec. 166 of the Motor Vehicles Act, 1988 (for short, "the MV Act"), for a sum of Rs.11,00,000.00 on account of the death of one Potluri Madhava Rao (hereinafter referred to as "the deceased"), who happened to be husband of the 1st petitioner, father of petitioner Nos.2 to 4, and son of the 5th petitioner therein respectively, declining to fix joint and several liability against both the respondents, directed the 1st respondent/insured alone to pay the compensation amount of Rs.9,71,844.00 to the petitioners with proportionate costs and interest at 7.5% p.a., from the date of petition till the date of realization and also apportioned their respective share of the compensation amount .

(2.) The aappellants herein are none other than the claimants, and the respondents herein are the insured and the insurer before the Tribunal.

(3.) The parties to this Appeal will hereinafter be referred to as described before the Tribunal, for the sake of convenience. Brief facts of the case: