JUDGMENT

B.V.L.N.CHAKRAVARTHI, J. - Heard Sri Kota Subba Rao, learned counsel for the appellant and Sri P.Jagadish Chandra Prasad, learned counsel for the 1st Respondent.

2. This appeal is preferred by the 2nd respondent-Roayl Sundaram Alliance Insurance Company Limited, Hanuman Junction Branch, represented by its Branch Manager, (in short the Royal Sundaram), U/s.173 of the Motor Vehicles Act (in short, the M.V.Act), challenging the judgment and decree dtd. 13/4/2010 passed in M.V.O.P.No.335/2007 on the file of Motor Accidents Claims Tribunalcum- Prl.District Judge, Ongole, (in short, the Tribunal). The learned Tribunal allowed the claim petition partly, awarded total compensation of Rs.61, 52, 000.00 and by applying the principle of pay and recovery directed the appellant to pay 75% of the said amount which comes to Rs.46, 14, 000.00, with interest @ 9% p.a. from the date of petition, till the date of realisation, for the death of T.Sreedhar in a motor vehicle accident occurred on 29/4/2007.

3. The present Appellant is the 2nd respondent in MVOP No.335/2007 before the learned Tribunal; The 1st respondent in the appeal is the claimant; The 2nd respondent in the appeal is owner of l