THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA

M.A.C.M.A.Nos.453 and 517 of 2017

COMMON JUDGMENT

1. Legal representatives of Poonati Malakondaiah (deceased No.1) and legal representatives of Vankayalapati Naganjaneyulu (deceased No.2) moved the Chairman, Motor Accidents Claims Tribunal-cum-VII Additional District & Sessions Judge (for short “the learned MACT”) claiming compensation for the

death of the deceased in a motor vehicle accident.

2. M.V.O.P.No.403 of 2014 was filed by legal representatives of deceased No.1. M.VO.P.No.404 of 2014 was filed by legal representatives of deceased No.2. Both matters were allowed-in-part by the learned MACT. Questioning the liability and quantification of compensation awarded, Respondent No.2 / National Insurance Company before the learned MACT filed M.A.C.M.A.No.517 of 2017 which is directed against the award and decree passed in M.V.O.P.No.403 of 2014 and M.A.C.M.A.No.453 of 2017 which is directed against the award and

decree passed in M.V.O.P.No.404 of 2014.

3. Both the appeals are heard together. Same counsel represented for the appellant and also the claimants. Owner of the Ambassador Car bearing Registration No.AP 10 M 6886 (hereinafter referred to as “the offending vehicle”) is Respondent No.1 before the learned MACT and he is the Respondent No.4

before this Court. He remained ex parte before the learned MACT. Details of both cases are as follows:

Sl. M.A.C.M.A. M.V.O.P. Name of the Claimants Claim made Amount No. No. deceased / age for Awarded by No. the learned MACT

1. 517 of 2017 403 of 2014 Poonati 1.Poonati Malakondaiah / Jayamma (Old No.1212 Rs.6,00,000/- Rs.3,01,400/- @

of 2009) 61 years 2. Poonati interest at 7.5%

(Deceased No.1) Kondapa Naidu

3. Poonati per annum Thirumala Naidu

2. 453 of 2017 404 of 2014 Vankayalapati 1.Vankayalapati Naganjaneyulu / Padmavathi (Old No.1213 Rs.9,00,000/- Rs.4,47,000/- @

of 2009) 40 years 2.Vankayalapati interest 7.5%

(Deceased No.2) Ajay Kumar

3.Vankayapati per annum Kondamma

4. For the sake of convenience parties will be hereinafter referred to as the claimants and the Respondents as and how they are arrayed in the impugned proceedings.

5. The learned MACT has disposed of both the cases separately.

Case of claimants common in both the cases:

6(i). On 21.04.2005 while deceased Nos.1and 2 were on their morning walk and when they reached near Brick Kiln of Katakam Jayaramaiah on Naidupet –

Kalahasthi Highway at about 06:00 am, offending vehicle came from behind, dashed and ran over. Due to which, both of them causing the death.

6(ii). A case vide Crime No.59 of 2005 was registered at Naidupet Police Station for the offence under Section 304-A IPC initially under a „hit and run case‟. But, during investigation, it is found that driver of the offending vehicle (SK. Rafi) arrayed as accused in the charge sheet filed by the Police, drove the same in a rash and negligent manner causing instantaneous death of both the deceased. The vehicle is owned by Respondent No.1 and insured with Respondent No.2. Hence, both the Respondents are accountable to pay just and reasonable compensation.

Specific case of the claimants in M.V.O.P.No.403 of 2014:

7(i). Deceased No.1 (Poonati Malakondaiah) was aged about „57‟ years; hale and healthy; running brick manufacturing and selling industry apart from attending agricultural works and he was earning Rs.15,000/- per month.

7(ii). Claimant No.1 is the wife, claimant Nos.2 and 3 are the children of the deceased No.1. Being the legal heirs and dependants entitled for just and reasonable compensation.

Specific case of claimants in M.V.O.P.No.404 of 2014:

8(i). Deceased No.2 (Vankayalapati Naganjaneyulu) was aged about „39‟ years; hale and healthy; running brick manufacturing and selling industry apart from attending agricultural works (self employed person) and earning Rs.15,000/-

per month.

8(ii). Claimant No.1 is the wife, claimant No.2 is the minor son, claimant No.3 is the mother of the deceased. All the claimants being legal heirs and dep