JUDGMENT :

V. GOPALA KRISHNA RAO, J.

1. The appellant in MACMA No. 1742 of 2014 is third respondent in MVOP No. 255 of 2011on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Vizianagaram and the respondents are the claimants and other respondents in the said case.

The appellants in MACMA No. 2898 of 2014 are the claimants in MVOP No. 255 of 2011 on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Vizianagaram and the respondents are the respondents in the said case.

Both the appeals are filed against one decree and order passed in MVOP No. 255 of 2011 on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Vizianagaram and both the appeals are clubbed and common judgment is pronounced in both the appeals.

2. Both the parties in the appeals will be referred to as they are arrayed in claim application.

3. The claimants filed a Claim Petition under Section 166 of MOTOR VEHICLES ACT read with Section 455 of MOTOR VEHICLES RULES against the respondents by praying the Tribunal to award an amount of Rs.15,00,000/- towards compensation for the death of P. Sivakumar in a Motor Vehicle Accident occurred on 11.03.2009.

4. The case of the claimants is that on 11.03.2009 at 10.00 p.m. the deceased/P. Sivakumar and others went to Sompuram village of Vepada for attending village festival programmes at night on the pulsar motor cycle, while they were returning to S. Kota village, when reached near Kothuru junction at about 11.30 p.m., the 1st respondent being the driver of tipper lorry bearing No. AP 31 W 5648 negligently stopped the vehicle on the State High Way road without taking any precautionary measures, due to the negligence of the first respondent, the deceased dashed on the rear right side of the tipper lorry, as a result, the deceased and pillion riders fell on the road, received grievous injuries and the deceased was died on the way to hospital and the petitioners claimed an amount of Rs.15,00,000/- towards compensation.

5. The respondents 1 and 2 remained ex-parte. Third respondent filed counter denying the claim application and contended that the claimants are not entitled any compensation and the third respondent is not liable to pay any compensation to the petitioners.

6. Based on the above pleadings, the Tribunal framed the following issues:

(i) Whether the accident and death of the deceased viz. Patnala Sivakumar is due to rash and negligent driving of the vehicle (tipper) bearing No. AP 31 W 5648 by its driver?

(ii) What is the correct age and income of the deceased as on the date of the accident?

(iii) Whether the petitioners are entitled to any compensation and, if so at what quantum and from which of the respondents?

(iv) To what relief?

7. On behalf of the petitioner, PW1 to PW3 were examined and Ex.A1 to Ex.A3 and Ex.X1 to Ex.X3 were marked. On behalf of respondent No. 3 RW1 and RW2 were examined and Ex.B1 was marked.

8. After considering the evidence on record, the Tribunal has given a finding that the accident occurred due to negligent parking of the tipper vehicle on the State High Way road without taking any precautionary measures and the Tribunal granted an amount of Rs.15,00,000/- to the claimants towards compensation.

9. Aggrieved by the same, both the parties, the claimants and the 3rd respondent/ Insurance Company filed the appeals.

10. Now, the points for consideration are:

1. Whether the Order passed by the Tribunal needs any interference?

2. Whether the claimants in MVOP No. 255 of 2011 on the file of the Motor Accident Claims Tribunal-cum-I Additi