APHC010399292023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 489/2023 Between:

1. I CICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, REP. BY ITS DIVISIONAL MANAGER, DWARAKANAGAR, NEAR RTC COMPLEX, VISAKHAPATANAM ...APPELLANT AND

1. S MT. GEDELA BHARATHI, W/O LATE SRINU, HINDU, AGED 21 YEARS, HOUSEHOLD DUTIES, RESIDENT OF MAHANTHI STREET, KANAPAKA, VIZIANAGARAM TOWN.

2. S MT. GEDELA LAKSHMI, W/O KRISHNA, HINDU,AGED 45 YEARS, HOUSEHOLD DUTIES, RESIDENT OF MAHANTHI STREET, KANAPAKA, VIZIANAGARAM TOWN.

3. G EDELA KRISHNA, S/O SATYAM, HINDU, AGED 48 YEARS RESIDENT OF MAHANTHI STREET, KANAPAKA, VIZIANAGARAM TOWN.

4. G EDELA MOKSHITA, D/O LATE SRINU, HINDU, AGED 4 YEARS, RESIDENT OF MAHANTHI STREET, KANAPAKA, VIZIANAGARAM TOWN.

5. G EDELA BHUVANESH, S/O LATE SRINU, HINDU,AGED 1YEAR RESIDENT OF MAHANTHI STREET, KANAPAKA, VIZIANAGARAM TOWN. (PETITIONERS 4 AND 5 ARE BEING MINORS REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN SMT. BHARATHI I.E.

1^ST PETITIONER)

6. J ALAMADHI LAKSHMI, W/O APPALA NAIDU, AGED 30 YEARS, OWNER OF THE MOTOR CYCLE BEARING NO. AP 35AG 5731, RESIDENT OF D.NO. 1-23-65, YATHA STREET, KANAPAKA, VIZIANAGARAM TOWN.

...RESPONDENT(S):

Counsel for the Appellant:

1. GUDI SRINIVASU Counsel for the Respondent(S):

1.

The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 489/2023

J U D G M E N T:

1. This Motor Accidents Civil Miscellaneous Appeal (for short MACMA)

has been preferred by the Appellant/2^nd Respondent - ICICI Lombard General Insurance Company Limited, represented by its Divisional Manager, Dwaraka Nagar, near RTC Complex, Visakhapatnam, challenging the Order and Decree dated 17.01.2023 in M.V.O.P.No.550 of 2017 passed by the Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- IV Additional District Judge, Vizianagaram, awarding Rs.1,00,000/- to the petitioners towards compensation as against claim of Rs.15,00,000/-.

For the sake of convenience and to avoid confusion, the parties hereinafter are referred to as they were arrayed before the Tribunal i.e., appellant herein as 2^nd Respondent and Respondents No.1to 5 herein as Petitioners and Respondent No.6 herein as 1^st respondent.

2. The Petitionersbeing wife, parents and children of the deceased –

Gedela Srinu filed claim petition under section 163-A of the Motor Vehicles Act claiming compensation of Rs.15,00,000/-, together with interest and costs, for the death of G.Srinu in a road accident that occurred on 21.04.2017.

3. Brief averments of the claim petition are that: on 21.04.2017 in the early morning hours in between 3.00 to 4.00 A.M the deceased was proceeding towards Gajapathinagaram side on a motor cycle bearing No.AP35 AG 5731, due to his speed, rash and negligent driving, lost control over the vehicle and dashed against the road side railing and fell on the road, sustained severe bleeding injuries on the back side of the head and other body parts and became unconscious. After receiving information, 108 Ambulance went to the spot and shifted the deceased to District Head Quarters Hospital. Father of the deceased received information from the hospital staff and rushed to the hospital. On the advice of Doctors, the deceased was shifted to KGH hospital, Visakhapatanam for better treatment. While undergoing treatment the deceased died at about

07.30 a.m.,.

The deceased was aged 26 years and he was hale and health prior to the accident. He used to earn Rs.8,000/- per month as sales man. Due to the sudden death of the deceased, the petitioners have lost his love and affection. The petitioners have spent more than Rs.50,000/- for transport to the hospital and funeral expenses. The 1^st respondent is owner of the crime vehicle, 2^nd respondent is insurance company and insurance policy was in force as on the date of the