JUDGMENT :

B.R.MADHUSUDHAN RAO, J.

1. This Memorandum of Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the MV Act’) assailing the award passed by the Motor Accidents Claims Tribunal (District Judge) at Nizamabad (for short ‘the Tribunal’) in O.P.No.827 of 2004 dated 15.05.2007.

2. Learned counsel for the appellants submits that respondent No.1 remained ex-parte before the Tribunal, hence is not a necessary party to the appeal.

3. Appellants are the petitioners and respondents are the respondents before the Tribunal.

4. Appellant No. 1 – petitioner No.1 is the wife, appellant No.2 – petitioner No.2 is the son and appellant No.3 – petitioner No.3 is the daughter of the deceased Thota Rajeshwar.

5.1. Appellants - petitioners have filed claim petition under Sections 163(a), 166(1)(C) of MV Act read with Rule 455 of APMV Rules, 1989 claiming compensation of Rs.15,00,000/- with interest at the rate of 24% per annum from the date of petition till the date of realization on the death of Thota Rajeshwar against the respondent Nos.1 and 2 jointly and severally.

5.2 It is stated in the petition that on 01.11.2003 while Thota Rajeshwar was going on