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2025 Supreme(Online)(AP) 1228

HIGH COURT OF ANDHRA PRADESH
A. HARI HARANADHA SARMA, J
HDFC ERGO General Insurance Co. Ltd. – Appellant
Versus
Chilaka Neeraja – Respondent


Advocates:
NARESH BYRAPANENI, M S R CHANDRA MURTHY

JUDGMENT:

1. Heard both sides.

2. Challenge in this appeal is against the award and decree dated 05.02.2016 passed by the Motor Accident Claims Tribunal-cum- VI Additional District Judge, S.P.S.R. Nellore District (hereinafter referred to as “the MACT”) in M.V.O.P.No.433 of 2013.

3. HDFC Ergo General Insurance Company Limited / Respondent No.2 before the learned MACT is the appellant herein. Respondent Nos.1 to 5 herein are the claimants. For the sake of convenience, the parties will be hereinafter referred to, as and how they are arrayed before the learned MACT.

4. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 claiming a compensation of Rs.4,00,000/- for the death of husband of claimant No.1, father of claimant Nos.2 to 4 and son of the clamant No.5 by name one Sri Chilaka Prabhakar. As against the claim made for Rs.4,00,000/-, the learned MACT granted Rs.6,22,000/-.

5. The facts and context that led to filing of this appeal invoking Section 173 of the Motor Vehicles Act, 1988 in succinct are as follows:

(i). One Sri Chilaka Prabhakar(hereinafter referred to as “the deceased”), is a labourer. Respondent No.1 is the owner of the tractor and trailer bearin

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