APHC010294382022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 346 OF 2022 Between:

1. THE NEW INDIA ASSURANCE COMPANY LIMITED,, WHOLLY OWNED BY GOVERNMENT OF INDIA, HAVING ITS REGIONAL OFFICE AT D.NO.47-10-12, PAVAN PARADISE, 3 AND 4 FLOOR, NEAR DIAMOND PARK, 2ND LANE, DWARAKA NAGAR, VISAKHAPATNAM 500016, REPRESENTED BY ITS MANAGER TP CLAIMS HUB-VIJAYAWADA, G.V.V.S.V.P.JANAKIRAM, S/O LATE G.A.V.K.N.SUNADARAM, AGED ABOUT 55 YEARS, OCC-

MANAGER TP CLAIMS HUB VIJAYAWADA, R/O VIJAYAWADA ...APPELLANT AND

1. BANDARUSREERAMULU, , S/O LATE SANJANNA, AGED ABOUT 36 YEARS, RIO REKULAKUNTA VILLAGE, BUKKARAYASAMUDRAM MANDAL, ANANTHAPURAMU DISTRICT.

2. BANDARULAKSHMAIAH, , S/O LATE SANJANNA, AGED ABOUT 32 YEARS, R/O REKULAKUNTA VILLAGE, BUKKARAYASAMUDRAM MANDAL, ANANTHAPURAMU DISTRICT.

3. BANDARU NARAYANA SWAMY, S/O LATE SANJANNA, AGED ABOUT 28 YEARS, OCC- HOUSEHOLD DUTIES, R/O REKULAKUNTA VILLAGE, BUKKARAYASAMUDRAM MANDAL, ANANTHAPURAMU DISTRICT.

4. BANDARU RAJU, S/O LATE SANJANNA, AGED ABOUT 24 YEARS, R/O REKULAKUNTA VILLAGE, BUKKARAYASAMUDRAM MANDAL, ANANTHAPURAMU DISTRICT.

5. GOSALAKANDAPPA, , S/O LATE KONDAPPA, MAJOR, OWNER OF TRACTOR AND TRAILER BEARING NO.AP-04-N-9370 AND 9371, R/O REKULAKUNTA VILLAGE, BUKKARAYASAMUDRAM MANDAL, ANANTHAPURAMU DISTRICT.

6. Y VENKATA SIVA REDDY, S/O K.LAKSHMI REDDY, MAJOR, DRIVER, R/O DAYYALAKUNTAPALLI VILLAGE, MUNAGAVALASA VILLAGE, BUKKARAYASAMUDRAM MANDAL, ANANTHAPURAMU DISTRICT.

7. CHEEMALA LAKSHMI NARAYANAMMA, , W/O S.NALLAPPA, AGED ABOUT 45 YEARS, HOUSE WIFE, R/O B.PAPPURU VILLAGE, NARAPPA MANDAL, ANANTHAPURAMU DISTRICT. (AS PER AMENDED ORDERS PASSED IN. IA.NO.331/2019, DT.09-10-2019)

...RESPONDENT(S):

Counsel for the Appellant: 1. M R K CHAKRAVARTHY Counsel for the Respondent(S):

1.

The Court made the following Judgment:

The Respondent No.1/ Insurance Company filed the present Appeal challenging by the impugned award dated 10.03.2022 passed in M.V.O.P.No.538 of 2015 on the file of the Chairman, Motor Accidents Claims Tribunal- cum-IV Additional District Judge, Ananthapuramu, whereby the Tribunal awarded an amount of Rs.3,80,000/- towards total compensation to the claimants as against the claim of Rs.4,00,000/- for the death of the deceased Bandaru Kullayuamma.

2. For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the claim application.

3. The claimants filed a claim petition under Section 163(a) of the Motor Vehicles Act, claiming compensation of Rs.4,00,000/- for the death of the deceased Bandaru Kullayamma, (herein after referred to as “deceased”) who died in a motor vehicle accident that occurred on 15.01.2015.

The brief averments of the claim petition are as follows:

On 15.01.2015 at about 2.00 p.m, the deceased along with her two sons namely Lakshmaiah and Narayana Swamy loaded paddy bags in Tractor and Trailer bearing No. AP 04 N 9370 and 9371 to take to rice mill situated at Dayyalakunta Palli Village. But when the vehicle reached at Bayanna peta Village on Narpala to Ananthaspuramu Road, at about 2.00 p.m, the driver drove the vehicle in a rash and negligent manner and lost control over his vehicle and applied sudden breaks, due to which the deceased was dragged to some distance, fell down under right tire of trolley and died on the spot. Immediately her sons got down and found their mother’s dead body. The Bukkarayasamudram Police registered a case in Crime No.8 of 2015 under Section 304-A of IPC against the driver of Tractor and Trailer.

4. Before the Tribunal, Respondent No.3 remained exparte.

Respondent No.4 is daughter of deceased added as per orders in I.A.No.331 of 2019, dated 09.10.2019 also remained exparte.

5. Respondent No.1 filed counter denying the material allegations and inter alia contended that at the time of accident, as deceased was suffering with il