JUDGMENT :

V. Srinivas, J.

These appeals are directed against the judgment of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-IV Additional District Judge, Tirupati (hereinafter called as ‘the Tribunal’) in M.V.O.P.No.293 of 2011 dated 06.03.2015.

2. These appeals arise out of same accident and are being decided by this common judgment since the material facts are common.

3. M.A.C.M.A.No.745 of 2015 is filed by the parents and younger sister of M.Abhinai Reddy (hereinafter called as ‘deceased’), who are the claimants, for enhancement of compensation. Respondent Nos.1 and 2 herein are the owner and insurer of the lorry bearing No.AP 04 T 0948.

4. M.A.C.M.A.No.1333 of 2015 is filed by the insurer of the lorry bearing No.AP 04 T 0948.

5. According to the claimants, on 13.02.2011 at about 03.30 P.M. near Naravari Rahadari turning on a road running from Chittoor to Kurnool, N.H.18 in between Piler and Kallur of Pulicherla Mandal, when the deceased was proceeding in Verna Car bearing No.AP 28 CD 2337 along with his friends, the driver of lorry bearing No.AP 04 T 0948 came in opposite direction with sugarcane load at high speed in a rash and negligent manner and hit the said car. As a result of which, spark ignited in the engine of car, which caught hold fire on the spot and the inmates of the car also died on the spot. At the time of accident, the deceased was aged about 26 years and was working as Analyst Programmer in Verizone Data Services India Private Limited, Hyderabad and earning Rs.5,04,000/- p.a. Being dependents, the claimants filed M.V.O.P under the Motor Vehicles Act, claiming compensation of Rs.55,00,000/-.

6. Counter was filed by the owner of the lorry denying all the material allegations, stating that there was no negligence on the part of the driver of lorry and the accident occurred due to negligent driving of the driver of car only and hence, he is not liable to pay compensation.

7. Counter was filed by the insurer of lorry denying all the material allegations, stating that the policy issued to the lorry was in force at the time of accident; that the accident occurred due to rash and negligent driving of the car and hence, it is not liable to pay compensation.

8. Basing on the above pleadings, the Tribunal settled the following issues :

1. Whether the deceased viz M. Abhinai Reddy died due to receipt of injuries in the motor vehicle accident that occurred on 13.02.2011 due to rash and negligent driving of the driver of the lorry bearing Regn.No.AP 04 T 0948 duly insured with the second respondent as alleged ?

2. Whether the petitioners are entitled for compensation amount ? If so, what is the quantum of compensation amount and against whom ?

3. To what relief ?

9. In the course of trial, on behalf of the claimants, PWs.1 to 4 were examined and Exs.A.1 to A.9 and X.1 and X.2 were marked. On behalf of the respondents, R.Ws.1 to 4 were examined and Ex.B.1 was marked.

10. On the material, the Tribunal, having come to the conclusion that the accident was occurred due to rash and negligent driving of driver of lorry only, held that the claimants are entitled compensation of Rs.42,96,990/- with interest at 7.5% p.a. from the date of petition till the date of realization payable by owner and insurer of the lorry jointly and severally.

11. Being not satisfied with the award, these appeals are preferred by the claimants and insurer of lorry respectively.

12. Heard Sri O. Uday Kumar, learned counsel for the claimants and Sri V. Sambasiva Rao, learned Standing Counsel for insurer of lorry.

13. Learned counsel for the claimants submits that the accident was occurred due to the rash and negligent driving of the driver of lorry and the inmates of the car died on the spot and that the Tribunal has not awarded just compensation.

14. Learned counsel for the insurer of lorry submits that there was no negligence on the part of driver of lo