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2025 Supreme(Online)(AP) 1722

HIGH COURT OF ANDHRA PRADESH
A. HARI HARANADHA SARMA, J
THE ORIENTAL INS. COM. LTD. – Appellant
Versus
B DALAMMA – Respondent


Advocates:
For the Appellants/Petitioners: S A V RATNAM
For the Respondents: N SIVA REDDY

JUDGMENT:

1. Heard learned counsel for both sides.

2. The respondent No.3 in M.V.O.P.No.192 of 2014, (The Oriental Insurance Company Limited) filed the present appeal invoking Section 173 of the Motor Vehicles Act , 1988, questioning the award and decree 11.01.2016 passed by the Chairman, Motor Accidents Claims Tribunal-cum- X Additional District Judge, East Godavari at Rajamundry, [‘for short ‘MACT’], where under the MACT has awarded compensation of Rs.5,31,500/- with interest @ 9% p.a., as against a claim made for Rs.5,00,000/- with interest @ 12% p.a., by the claimants, who are arrayed as respondents No.1 to 4 herein. The respondents 5 and 6 herein are the Driver and owner of the Auto bearing No. AP 05 W 5046 [herein after referred as ‘offending vehicle’]. They were shown as respondents 1 and 2 respectively, before the MACT and they remained ex parte before the MACT.

3. The parties will be hereinafter referred as and how they are arrayed before the learned MACT.

The case of the claimants, in brief, is that –

4. [i] One Bonula Surya Rao @ Bonala Surya Rao [herein after referred to as ‘the deceased’], on the fateful day i.e., on 01.11.2013, at about 5.30 p.m. while proceeding on Koru


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