APHC010161682022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 162/2022 Between:

1. S HAIK MABUNNI, W/O. LATE MOHAMMAD HUSSAIN, AGED 48 YEARS, OCC. HOUSE WISE, RESIDING AT D.NO.8-3, SUNDARAIAHCOLONY, (KALAVATHAMMA COLONY), KAKKALPALLI, ANANTAPURAMU RURAL, ANANTAPURAMU DISTRICT.

2. S HAIK RESHMA, D/O. LATE MOHAMMAD HUSSAIN, AGED 30 YEARS, OCC. HOUSE WISE, RESIDING AT D.NO.8-3, SUNDARAIAHCOLONY, (KALAVATHAMMA COLONY), KAKKALPALLI, ANANTAPURAMU RURAL, ANANTAPURAMU DISTRICT.

3. S HAIK NIZAMUDDIN, S/O. LATE MOHAMMAD HUSSAIN, AGED 29 YEARS, OCC. UNEMPLOYEE, RESIDING AT D.NO.8-3, SUNDARAIAHCOLONY, (KALAVATHAMMA COLONY), KAKKALPALLI, ANANTAPURAMU RURAL, ANANTAPURAMU DISTRICT.

4. S HAIK RAFIQ, S/O. LATE MOHAMMAD HUSSAIN, AGED 28 YEARS, OCC. UNEMPLOYEE, RESIDING AT D.NO.8-3, SUNDARAIAHCOLONY, (KALAVATHAMMA COLONY), KAKKALPALLI, ANANTAPURAMU RURAL, ANANTAPURAMU DISTRICT.

...APPELLANT(S)

AND

1. V ENKAT LAKSHMI, BY HER L. RS . R4 TO R7.

2. S HRIRAM GENERAL INSURANCE COMPANY LTD, JAIPUR, RAJASTHAN.

3. B OYA OBULESU, S/O. DHANUNJAYA, AGED 41 YEARS, RESIDING AT DURADAKUNTA VILLAGE, KALAYANDURGAM MANDAL, ANANTAPURAMU DISTRICT.

4. P OBULAPPA, S/O NOT KNOW, AGED 93 YEARS, RESIDING AT D.NO.

7-77, NEAR VALMIKI CIRCLE, KALYANADURGAM TOWN, ANANTAPURAM DISTRICT.

5. P NARAYANAMMA, W/O. NAGARAJU, D/O. OBULAPPA, AGED 58 YEARS, RESIDING AT IRUPAAPALLI VILLAGE, BELUGUPPA MANDAL, ANANTAPURAM DISTRICT.

6. P CHARDRAPPA, S/O. OBULAPPA, AGED 53 YEARS, RESIDING AT D.NO. 7-77, NEAR VALMIKI CIRCLE,KALYANADURGAM TOWN, ANANTAPURAM DISTRICT.

7. P MARENNA, S/O.OBULAPPA, AGED 43 YEARS, RESIDING AT D.NO.

7-77, NEAR VALMIKI CIRCLE, KALYANADURGAM TOWN, ANANTAPURAM DISTRICT.

...RESPONDENT(S):

Counsel for the Appellant(S):

1. SESHADRI GOALLA Counsel for the Respondent(S):

1. N RAMA KRISHNA

2.

This court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 162/2022

J U D G M E N T:

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

has been preferred by the appellants/Petitioners challenging the Order and Decree dated 16.09.2019 in M.V.O.P.No.578 of 2014 passed by the Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- III Additional District Judge, Ananthapuramu, awarding Rs.7,00,000/- to the petitioners towards compensation as against their 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., appellants herein as Petitioners and Respondents herein as Respondents.

2. The Petitioner No.1 being wife and petitioners No.2 to 4 being children of the deceased – Shaik Mohammad Hussain (hereinafter referred to as the „deceased‟) filed claim petition under sections 140 and 166 of the M.V Act read with Rule 455 of A.P M.V Rules, claiming compensation of Rs.10,00,000/-, together with interest and costs, for the death of Shaik Mohammad Hussain in a motor vehicle accident.

3. Brief averments of the claim petition are that: at the time of accident, deceased was aged 45 years, hale and healthy and working as mastery in Granite factories and also an expert skilled worker in granite i.e., decorating work in slas, colour granite designs in apartments, houses etc., and earning Rs.15,000/- per month. He is the only earning member in their family.

On 18.04.2014 the deceased and others were travelling in an Auto bearing registration No.AP-02-TA-6859 from Rayadurg to Anantapuramu.At about 7.00 p.m., when the said Auto reached at “T” Circle, Kalyandurg town, tractor and trailer bearing No.AP-02-X-4963 and AP-02-X-4965 came in opposite direction, driven by its driver in a rash and negligent manner, in high speed, in zig zag manner, without blowing horn and without applying dipper lights to the opposite vehicles, dashed the Auto in which t