APHC010210372023 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: 198/2023 Between:

1. M AGMA HDI GENERAL INSURANCE COMPANY LIMITED.,, REP BY IT'S AUTHORISED SIGNETORY AND HAVING ITS BRANCH OFFICE SITUATED AT 2ND FLOOR, SURVEY NO.134/3 PLOT NO.16, TEACHERS COLONY, GURUNANAK ROAD, PATAMATA, VIJAYAWADA, KRISHNA DISTRICT- 520 008 ...APPELLANT AND

1. B ADHEPUDI RAM BABU, S/O LAKSHRLAIAH, AGED ABOUT 42 YEARS 2. B ODHEPUDI RAMA, W/O RAMBABU, AGED ABOUT 33 YEARS (BOTH OF THEM ARE RESIDENTS OF VEGURU VILLAGE, KOVUR MANDAL, SPSR NELLORE DISTRICT-524316)

3. B ADDEPUDI SIVAIAH, S/O DESAIAH, AGED ABOUT 26 YEARS, DRIVER OF TRACTOR BEARING NO. AP.26 TL- 6098 AND TRAILER BEARING NO. AP 39 T- 8509, R/O VEGURU VILLAGE, KOVUR MANDAL, SPSR NELLORE DISTRICT-524316

4. D EVARAM RAMANA REDDY, S/O RAMACHANDRA REDDY,OWNER OF THE TRACTOR, R/O LEGUNTAPADU VILLAGE, KOVUR MANDAL, SPSR NELLORE DISTRICT-524137 ...RESPONDENT(S):

Counsel for the Appellant:

1. SRINIVASA RAO KAMARAJUGADDA Counsel for the Respondent(S):

1.

The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 198/2023

J U D G M E N T:

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

has been preferred by the appellant/3^rd respondent Insurance company – MAGMA HDI General Insurance Company Limited, Challenging the Order and Decree dated 29.08.2022 in M.V.O.P.No.30 of 2020 passed by the Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- Principal District Judge, Nellore, in which an amount of Rs.7,89,000/- was awarded as compensation against the claim of Rs.11,00,000/- of the claimants.

For the sake of convenience and to avoid confusion, the arties hereinafter referred to as they were arrayed before the Tibunal i.e., appellant herein as 3^rd respondent and Respondents No.1 and 2 herein as Petitioners/claimants and Respondent No.3 and 4 as Respondents No.1 and 2.

2. The Petitioners being parents of the deceased – Badhepudi Syam filed this petition under section 166 of the Motor Vehicles Act (for short M.V Act) claiming compensation of Rs.11,00,000/-, together with interest and costs, for his death in a tractor accident.

3. Brief averments of the claim petition are that - at the time of accident, deceased – Badhepudi Syam was aged about 19 years, he studied Degree course in Chandra Reddy Degree College and he used to give tuitions to 1^st Class to 8^th Class students, earning Rs.10,000/- p.m. and contributing the same to his family members. Petitioners, being parents of the deceased, are dependents on the earnings of the deceased and deceased died unmarried. On 27.10.2019 at about 12.00 noon deceased went to Sand quarry, situated at Mudivarthi village to give lunch carriage to his cousin namely Sivaiah, who was working as driver to the tractor and trailer bearing Nos.AP 26 TL 6098 and AP 39 T 8509 respectively. At about 1.00 p.m., the deceased handed over the lunch carrier to his cousin, who was sitting on driver's seat and he stood on the right side of tractor and trailer. After loaded the sand, the driver of the tractor started the tractor, but unfortunately the tractor and trailer turned turtle on its right side, due to which the deceased was stuck-up in the tractor and trailer, sustained severe bleeding injuries on his head, died on the spot. Petitioners spent Rs.10,000/- towards transportation charges and Rs.50,000/ towards funeral expenses. Therefore, Respondent No.1 being the driver of the tractor and trailer, Respondent No.2 being owner and Respondent No.3 being Insurance Company, are jointly and severally liable to pay compensation amount to the Petitioners.

4. Respondents No.1 and 2 have remained ex-parte

5. Respondent No.3 filed written statement denying the petition averments and further contended that the person who drove