JUDGMENT :

(Duppala Venkata Ramana, J.)

1. These appeals under Section 173 (1) of Motor Vehicles Act, 1988 (for short “the Act) are filed by M/s. United India Insurance Company and the claimants challenging the award dt.03.04.2017 delivered by the IX Additional District Judge-cum-Motor Accidents Claims Tribunal at Chittoor (for short “the Tribunal”) in M.V.O.P.131 of 2016 granting compensation of a sum of Rs.36,81,479/- with interest @ 7.5% per annum thereon from the date of filing of the petition till the date of deposit of the compensation amount to the wife, son, father and mother (claimants 1 to 4) of late A.Nagaraju on the account of his death in a road traffic accident at Vasanthapuram Village on 22.12.2014.

2. Since these appeals are arising out of the same accident and raising common questions of law, they have been heard together and are being decided by this common judgment.

3. For the sake of convenience, the parties are hereinafter referred to as they are arrayed before the Tribunal in the claim petition.

4. The factual context of the case, is as under:

(a) On 22.12.2014 at about 4.30 p.m., while the deceased- Nagaraju was proceeding on his Hero Honda Passion motorcycle bearing No.TN 04/T 0383 on the main road between Chittoor to Vellur and when he reached near Vasanthapuram Village, opposite TTD Kalyana Mandapam, Gudipala Mandal, the Eicher Van bearing No.AP 03/TC 1564 being driven by its driver in a rash and negligent manner, without care and caution, lost control over the Van and hit the motorcycle due to which the rider of the motorcycle-Nagaraju fell on the road, and sustained severe injuries. He died while shifting him to the hospital.

(b) The matter was reported to the Police by the wife of the deceased alleging that the accident took place as a result of rash and negligent driving of the said Eicher Van driven by its driver and based on the said report, a case in Crime No.152 of 2014 of Gudipala P.S was registered under Section 304-A IPC. After the investigation of the case, a charge sheet was submitted to the Court by the Police against the accused-driver (1st respondent) for having committed the offence punishable under Section 304- A IPC and Sections 134(A) & (B) of M.V.Act.

(c) Wife of the deceased, his son, his father, and mother filed an application claiming compensation of Rs.30,00,000/- before the Tribunal on account of his death in the said road traffic accident.

(d) The 1st respondent/driver of the offending vehicle did not contest the matter.

(e) The 2nd respondent/owner of the offending vehicle filed a written statement denying the allegations in the claim petition and submitted that the offending vehicle bearing No.AP 03/TC 1564 was duly insured with the 3rd respondent and covered with an insurance policy. Therefore, this respondent is not liable to pay any compensation.

(f) The 3rd respondent-Insurance Company filed a written statement contending inter alia that the accident occurred due to the negligence of the deceased, who was the rider of the motorcycle came at a high speed and dashed against the alleged offending vehicle. The amount claimed by the petitioners is highly excessive and exorbitant and prayed to dismiss the petition.

(g) In view of the pleadings of the parties, the Tribunal framed the following issues:

(1) Whether the accident occurred due to the rash and negligent driving of the driver of the Eicher Van bearing No.AP 03/TC 1564 or due to rash and negligent riding of the rider of the Hero Honda motorcycle bearing Reg.No.TN 04/T 0383 or by both?

(2) Whether the petitioners are entitled for grant of compensation, if so, to what amount and from whom?

(3) To what relief?

(h) In order to establish their claim, the claimants-petitioners adduced oral evidence at the time of enquiry, P.Ws.1 to 3 were examined and Exs.A.1 to A.6 were got marked. None were examined but Ex.B.1-certified co