1) Aggrieved by the Award dated 01.07.2008 in O.P.No.473 of 2007 passed by the Chairman, M.A.C.T-cum-District Judge, Eluru (for short “the Tribunal”), the 3rd respondent in the O.P/Cholamandalam M.S General Insurance Company Limited preferred the instant MACMA.

2 a) On factual side, on 21.08.2006 when the claimant along with his friend—Kayala Ramu was traveling in a motorcycle bearing No. AP 16 AK 5118, one Muppidi Durga Devi (claimant in MVOP.No.50/2007) requested for lift and boarded the bike and while they were proceeding towards Prattipadu ring road, a Toyota Innova Car bearing No. AP 13 X 1443 being driven by its driver in a rash and negligent manner and at high speed and dashed the motorcycle. As a result of which, the petitioner and two others fell down on the road and claimant sustained grievous injuries. It is averred that the accident was occurred due to the fault of driver of the car. With these averments, the claimant filed O.P.No.473 of 2007 under Section 166 of Motor Vehicles Act, 1988 against respondents 1 and 2, who are the driver and owner and respondent No.3 who is the insurer of the offending car and claimed Rs.4,86,000/- as compensation.

b) Respondent N