IMPORTANT POINT
The court ruled that compensation for motor vehicle accidents must reflect just compensation, emphasizing the burden of proof on the insurer regarding the driver's licence validity.

JUDGMENT :

Heard Sri Naresh Byrapaneni, learned counsel for appellant in MACMA 841/2012 and 834/2012 and Sri J.S.C.Sekhar, learned counsel for appellants/claimants in MACMA 654/2014 & 754/2014.

2. The appeal in MACMA No.841/2012 directed by the 2nd respondent/Insurance Company, challenging the order dated 06.07.2011 passed in M.V.O.P.No.197/2008 on the file of Motor Accidents Claims Tribunal-cum-X Addl.District Judge (F.T.C.), Visakhapatnam at Anakapalle, where the learned Tribunal partly allowed the petition, awarded a compensation of Rs.4,00,000/- with interest @ 6% p.a. from the date of petition, till the date of realisation, on an application filed U/s.166 of Motor Vehicles Act 1988, for the death of Nambaru Somunaidu (deceased) in a motor vehicle accident occurred on 23.12.2007 at about 10.30 p.m. near Plywood Factory, Gotivada Village, Sabbavaram Mandal, Visakhapatnam District.

3. The appeal in MACMA No.654/2014 directed by the claimants/appellants, for enhancement of the compensation amount awarded by the learned Tribunal in M.V.O.P.No.197/2008 on the file of Motor Accidents Claims Tribunal-cum-X Addl.District Judge (F.T.C.), Visakhapatnam at Anakapalle.

4. The appeal in MACMA No.834/2012 directed by the 2nd respondent/Insurance Company, challenging the order dated 06.07.2011 passed in M.V.O.P.No.198/2008 on the file of Motor Accidents Claims Tribunal-cum-X Addl.District Judge (F.T.C.), Visakhapatnam at Anakapalle, where the learned Tribunal partly allowed the petition, awarded a compensation of Rs.2,13,970/- with interest @ 6% p.a. from the date of petition, till the date of realisation, on an application filed U/s.166 of Motor Vehicles Act 1988, for the injuries sustained by Sabbavarapu Sanni Babu in a motor vehicle accident occurred on 23.12.2007 at about 10.30 p.m. near Plywood Factory, Gotivada Village, Sabbavaram Mandal, Visakhapatnam District.

5. The appeal in MACMA No.754/2014 is directed by the claimant/appellant, for enhancement of the compensation amount awarded by the learned Tribunal in M.V.O.P.No.198/2008 on the file of Motor Accidents Claims Tribunal-cum-X Addl.District Judge (F.T.C.), Visakhapatnam at Anakapalle.

6. Therefore, the impugned motor vehicle accident considered by the Tribunal relates to same incident. Therefore, the issue and evidence in respect of rash and negligence which shall be determined in the appeals is same. Hence, they are disposed of by a common judgment.

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

8. The case of the petitioners/claimants in both claim petitions is that on 23.12.2007 at about 10.00 p.m. Nambaru Somunaidu (hereinafter referred to as deceased) along with Sabbavarapu Sannibabu (hereinafter referred as injured/claimant) were travelling on a motor cycle bearing No.AP 31P 7637; on the way to Sabbavaram, the motor cycle reached a place near Plywood Factory, Gotivada village at about 10.00 p.m. on 23.12.2007; the offending vehicle i.e., lorry bearing No.KA 34 7476, came in opposite direction, in a rash and negligent manner and dashed the motor cycle; as a result, the deceased and the injured/claimant fell down; the deceased died at the spot; the injured/claimant received grievous injuries; the Station House Officer, Sabbavaram P.S. registered case in Cr.No.124/2007 for the offence punishable U/secs.304-A, 338 of Indian Penal Code; police conducted investigation and laid police report (charge sheet); the doctor conducted post mortem examination and issued certificate; the Motor Vehicle Inspector issued report; The claimants in M.V.O.P.No.197/2008 contended that they are dependants of the deceased i.e., 1st claimant is the wife, claimants No.2 and 3 are the children and 4th claimant is mother of the deceased; the deceased was aged 33 years, working as Kalasi in Chatterji Godown, Visakhapatnam, and getting Rs.6,000/- per month; therefore, they filed claim petition U/s.166 of Motor Vehicles Act, 1988 claiming an amount of Rs.4,50,0