JUDGMENT :

B.V.L.N. CHAKRAVARTHI, J.

1. The appeal in MACMA No. 1849/2012 is preferred by the 2nd respondent/National Insurance Company Limited, Nellore, challenging the order dated 26.03.2011 passed in M.V.O.P. No. 254/2006 on the file of Motor Accidents Claims Tribunal-cum-Prl. District Judge, Nellore, wherein the Tribunal partly allowing the petition, awarded a compensation of Rs. 3,71,000/- with interest @ 7.5% p.a. from the date of petition, till the date of realisation, for the death of Chillara Gopalakrishna Murthy in a motor vehicle accident.

2. The appeal in MACMA No. 906/2016 is preferred by the claimants/petitioners, challenging the same order and sought for enhancement of the compensation amount.

3. For the sake of convenience, the parties are arrayed as parties before the Tribunal.

4. As seen from the record, the claim petition was filed U/s. 166 of the Motor Vehicles Act, 1988 (for brevity “the Act”) claiming compensation of Rs. 6,00,000/- on account of the death of Chillara Gopalakrishna Murthy, in a motor vehicle accident that occurred on 07.05.2005.

5. The facts would show that on 07.05.2005 the deceased Chillara Gopalakrishna Murthy and two others along with Ch. Sridhar Reddy going to Tirupati in a Toyota Innova Car bearing No. AP-26N-23 at about 04.30 p.m. When the said car was reached 9 K.M. Stone on Srikalahasti-Naidupet Road within Thottambedu Mandal, Chittoor District, Sridhar Reddy driving the car, gave signal to the front proceeding tanker for overtaking and after receiving signals from him, Sridhar Reddy was crossing the said tanker; At that time, a lorry bearing No. OR-19A-1911 came in opposite direction in a rash and negligent manner in high sped, came to the extreme right side of the road, dashed the Toyota Car; Both the drivers are negligent in causing the accident, resulting the deceased and two others and also Sridhar Reddy in the car died on the spot. The 3rd respondent is wife of Sridhar Reddy who is owner cum driver of the car; The deceased was aged 48 years, working as Computer Operator-cum-Accountant in Surya Marketing Company, Nellore and earning Rs. 6,000/- per month; Due to the sudden and premature death of deceased, the claimants have lost their sole bread winner.

6. Before the Tribunal, the 2nd respondent/National Insurance Company Limited, Nellore, filed counter resisting, while traversing the material averments with regard to proof of age, avocation, monthly earnings of the deceased, manner of accident, rash and negligence on the part of the driver of the offending vehicle, liability to pay compensation; It contended that the driver of Toyota Innova Car caused the accident while crossing the vehicle which was proceeding in front of it without observing traffic rules; The driver of the 1st respondent is not negligent in causing the accident, as such, the 2nd respondent is not liable to pay any compensation and that the driver of 3rd respondent alone is negligent in causing the accident.

7. The 1st respondent i.e. owner of the lorry remained ex-parte.

8. The 3rd respondent filed counter, denying the material allegations in the claim petition, and contended that there is no negligence on the part of driver of Toyota Car bearing No. AP-26N-23. The negligence was only on the part of driver of lorry bearing No. OR 19A 1911; One Gandham Penchalayya R/o Poyya village, Thottambedu Mandal witnessed the accident and filed complaint in C.C. No. 279/2005 on the file of Addl. Junior Civil Judge, Srikalahasti, against the driver of lorry bearing No. OR-19A-1911.

9. The 4th respondent/New India Assurance Company Limited, Nellore filed counter, with similar contentions raised by the 3rd respondent; Further contended that there is no valid insurance policy and valid driving license to the driver of car, and the said accident was occurred due to rash and negligent driving of driver of lorry bearing No. OR-19A-1911, since the driver of car gave signal to front proceeding tanker and offending lorry bearing No. OR-