JUDGMENT :

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “the Act”) has been preferred by the Appellant Nos.1 to 3/State, represented by the District Collector, Anantapur, District Medical & Health Officer and Medical Officer of Anantapur District, challenging the Award dated 11.10.2004 delivered by the Motor Accidents Claims Tribunal–cum- Additional District Judge, Anantapur (for short “the Tribunal”), in O.P.No.78 of 1999 granting compensation of Rs.6,35,000/- along with interest @ 9% per annum from the date of the petition till the date of realization with proportionate costs against the Respondents 1 to 4 in the claim petition, jointly and severally, on account of the death of the deceased-Bhaskara Rao, who died while proceeding near level crossing No.77 in between Penugonda and Chakarlapalli, Anantapur District on 11.09.1995.

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 concised facts in the claim petition, relevant for the determination of the appeal are