COMMON JUDGMENT:-

The challenge in the present MACMA is to the award, dated

26.08.2019 in M.V.O.P.No.25 of 2017, on the file of the Motor Accidents Claims Tribunal-cum-XVI Additional District and Sessions Judge, Nandigama (“Tribunal” for short), whereunder the Tribunal dealing with the claim of the petitioners to award a sum of Rs.6,00,000/- as compensation on account of the death of one Gorrepati Pulla Rao (hereinafter will be referred to as “deceased”), in the motor vehicle accident, which was occurred on 29.11.2016, awarded a sum of Rs.6,55,000/- as compensation. The present appellant is no other than the unsuccessful third respondent/

insurance company in the claim.

2) The parties to this MACMA will hereinafter be referred to as described before the Tribunal for the sake of convenience.

3) The case of the petitioners, in brief, according to the averments set out in the claim before the Tribunal is that;

(i) The petitioner Nos.1 and 2 are the parents of the deceased/

Gorrepati Pulla Rao, S/o Jakraiah. The deceased was died in a road accident, which was occurred on 29.11.2016 at about 7-30 a.m., near Machayapalem Village outskirts, Bellamkonda Mandal, Guntur District. The first respondent is the driver, the second respondent is the owner and the third respondent is the insurer of the motorbike bearing No.A.P.24-AT-7098 (“offending bike” for short). The first respondent drove the motorbike at the time of accident and he is having valid driving license bearing No.TS00520160004082 valid up to 11.04.2036. The second respondent has taken a policy from third respondent under Policy No.433701/31/2017/23 which was valid up to 04.04.2017.

(ii) On 29.11.2016 at 7-30 a.m., the deceased was travelling as pillion rider in his friend’s bike (offending bike) coming from Machayapalem to his village. When the offending bike reached near Machayapalem Village, Rajaka Colony, the first respondent, who was riding it, in a rash and negligent manner with high speed without blowing horn lost his control over the speed and dashed the road side tree. Due to the said accident, the deceased fell down on the road and received injuries. He was shifted to Pidugaralla Hospital. From there he was shifted to Guntur Government Hospital and from there to Andhra Hospital. He incurred an amount of Rs.1,00,000/- and received treatment for 30 days in hospital and he was died on 02.12.2016 in Andhra Hospital. The dead body of the deceased was shifted to Government Hospital, Vijayawada. On the report given by one Y. Naven Kumar, a case was registered by Bellamkonda police in Crime No.74 of 2016 under Section 304(A) of the Indian Penal Code. During the course of investigation, the post-mortem was conducted. After completion of investigation, a charge sheet was filed against the first respondent and the same is pending.

(iii) The deceased completed I.T.I. He is hale and healthy at the time of accident. Due to the said accident, the petitioners are suffering with mental agony. Had the accident was not occurred, the deceased would have survived more years. Due to sudden accident, the petitioners lost their son. If the accident was not occurred, the deceased would have received a good job in Government and got promotions. The petitioners have Ac.2-20 cents of land in Vajinepally Village, Mellacheruvu Mandal and the same was acquired for GENCO power project, for which the District Collector, Nalgonda, gave letter to TGENCO to provide suitable employment to the deceased. Due to the death of deceased, the petitioners lost future earnings also. (iv) The first respondent being rider, the second respondent being owner and the third respondent being insurer of the offending bike, are jointly and severally liable to pay the compensation claimed by the petitioners with proportionate costs and interest including no fault liability. Hence, the claim.

4) The 2nd respondent-owner of the offending bike remained exparte before the Tribunal.

5) The first respondent/rider of the offending bike fil