APHC010448782021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 558/2021 Between:

1. T HE ORIENTAL INSURANCE COMPANY LIMITED, REP. BY ITS DIVISIONAL MANAGER, R/O GUTTIKONDA ZOOM PLAZA, NEAR VINAYAK THEATRE, RING ROAD, VIJAYAWADA - 10 ...APPELLANT AND

1. S YED MAGBUL ALIAS SD MABUL, W/O SYED RIYAZ, AGED ABOUT 48 YEARS, MUSLIM

2. S K RIZWANA, W/O ABDUL RAHIM, AGED ABOUT 28 YEARS, MUSLIM (RESPONDENTS 1 AND 2 ARE RESIDING AT KHAZA NAGAR, BUCHIREDDYPALEM VILLAGE AND MANDAL, S.P.S.R DISTRICT)

3. A LURU LALITHAMMA, W/O SUBRAHMANYAM, HINDU, AGED NOT KNWON, OWNER OF THE AUTO BEARING REGISTRATION NO.AP-26- TT-2766, RESIDING AT YELLAYAPALEM, KODAVALURU MANDAL, S.P.S.R.NELLORE DISTRICT

4. A LURU SUBRAHMANYAM, S/O AUDAIAH, HINDU, AGED ABOUT 43 YEARS, DRIVER OF THE AUTO BEARING REGISTRATION NO.AP-26- TT-2766, RESIDING AT YELLAYAPALEM, KODAVALURU MANDAL, S.P.S.R.NELLORE DISTRICT

5. S K AAMINA, W/O AFZAL, AGED ABOUT 30 YEARS, MUSLIM, RESING AT SANTHI NAGAR, BUCHIREDDYPALEM VILLAGE AND MANDAL, S.P.S.R DISTRICT ...RESPONDENT(S):

Counsel for the Appellant: 1. SAMBOJU BALA GOPAL Counsel for the Respondent(S):

1. SIVA PRASAD KATAKAMSETTY The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 558/2021

J U D G M E N T:

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

has been preferred by the appellant – 2^nd respondent insurance company i.e., The Oriental Insurance Company Limited, Rep. by its Divisional Manager, Vijayawada being aggrieved by the Order and Decree dated 12.04.2021 passed in M.V.O.P.No.328 of 2018 by the Chairman, Motor Accidents Claims Tribunal (for short MACT) –cum- Principal District Judge, Nellore, awarding Rs.3,89,000/-

as against the claim of Rs.10,00,000/-.

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 as 2^nd Respondent and Respondents No.1 and 2 as Petitioners, Respondents No.3 to 5 as Respondents No.1, 3 and 4.

2. The claim petitioners being wife and daughter, filed a claim petition under section 166 of the Motor Vehicles Act, claiming compensation of Rs.10,00,000/- together with interest at 18% p.a from the date of petition till the date of realization and for costs, for the death of Syed Riyaz alias Shaik Riyaz in a motor vehicle accident that occurred on 02.11.2009.

3. Brief averments of the claim petition in MVOP No.328 of 2018 are that:- The deceased Shaik Riyaz was quite hale and healthy prior to the accident and he was aged about 50 years, earning Rs.500/- per day and contributing the same to the family maintenance.

On 02.11.2009 at about 21.30 hours, when the deceased was crossing Kovur road after observing due signals and traffic, at that time, one auto bearing No.AP-26-TT-2766 driven by its driver in a rash and negligent manner, with high speed, while proceeding towards Nellore, came and dashed against the deceased. As a result, the deceased fell down on the road and received head injury and other injuries. Immediately, he was shifted to DSR Government Headquarters Hospital, Nellore, through 108 ambulance for treatment.While undergoing treatment, he was succumbed to fatal injuries at about 6.00 Hours on 03.11.2009.After postmortem examination, dead body was shifted to his village in a taxi by spending Rs.5,000/- towards transport charges.

Due to the sudden death of the deceased, the petitioners who are depending upon the earnings of deceased lost their protector, elder, and earning member of the family, the petitioners are suffering both mentally and financially.

Since the accident occurred due to rash and negligent driving of the driver of auto bearing No.AP-26-TT-2766, the 3^rd respondent being its driver, and 1^strespondent being its owner, and 2^nd respondent being i