APHC010637452022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 543/2022 And CROSS OBJECTIONS NO. 10 OF 2023

1. MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 543/2022 Between:

1. R OYAL SUNDARAM GENERAL INSURANCE COMPANY LTD, VISHRANTHI MADARAM TOWERS, NO.2/319, RAJIV GANDHI SALAI (OMR), KARAPAKKAM, CHENNAI-600 097.

...APPELLANT AND

1. P OKURI RANI, W/O.LATE KRISHNA RAO, AGE 34 YEARS, 2. P OKURI TIRUMALA, S/O.LATE KRISHNA RAO, AGE19 YEARS, RESPONDENT NO.2 DECLARED AS MAJOR AND RESPONDENT NO.1 MOTHER IS DISCHARGED AS THEIR GUARDIAN AMENDED AS PER COURT ORDERS DATE 28.04.2023 IN IA.NO.2 AND 3/2023.

3. P OKURI LAKSHMI DEEPIKA, D/O.LATE KRISHNA RAO, AGE 13 YEARS, 4. P OKURI RAJAMMA, W/O. VENKATESWARLU, AGED 61 YEARS, (RESPONDENTS 3 BEING MINOR REP, BY THEIR MOTHER- 1ST RESPONDENT HEREIN AS NEXT FRIEND) ALL PETITIONERS ARE R/O.KATTUBADI PALEM VILLAGE AND POST, KONDEPI MANDAL, PRAKASAM

5. G VENKATA SUBBA RAO, S/ O. NARASINGA RAO, OWNER CUM DRIVER OF CAR NO. AP 27 BK 4905, DOOR NO.2-46, PERIDEPI POST AND VILLAGE, KONDEPI MANDAL, PRAKASAM DIST-523 273 DISTRICT-523 271.

...RESPONDENT(S):

2. CROSS OBJECTIONS NO. 10 OF 2023

1. P OKURI RANI, W/O.LATE KRISHNA RAO, AGE 38 YEARS, 2. P OKURI TIRUMALA, S/O.LATE KRISHNA RAO, AGE 19 YEARS.

3. P OKURI LAKSHMI DEEPIKA, D/O.LATE KRISHNA RAO, AGE 17 YEARS, 4. P OKURI RAJAMMA, W/O. VENKATESWARLU, AGED 65 YEARS, (CROSS OBJECTOR NO.3 BEING MINOR, REP. BY HER MOTHER OBJECTOR NO.1 AS NEXT FRIEND)

...CROSS OBJECTORS/RESPONDENTS 1 TO 4:

AND

1. R OYAL SUNDARAM GENERAL INSURANCE COMPANY LTD, VISHRANTHI MADARAM TOWERS, NO.2/319, RAJIV GANDHI SALAI (OMR), KARAPAKHAM, CHENNAI-600 097.

… RESPONDENT/APPELLANT.

2. G VENKATA SUBBA RAO, S/O. NARASINGA RAO, OWNER CUM DRIVER OF CAR NO. AP 27 BK 4905, R/O NO.2-46, PERIDEPI POST AND VILLAGE, KONDEPI MANDAL, PRAKASAM DIST-523 273.

… RESPONDENT/RESPONDENT NO.5.

Counsel for the Appellant:

1. D RAVI KIRAN Counsel for the Respondent(S):

1. NUTHALAPATI KRISHNA MURTHY The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 543/2022 And CROSS OBJECTIONS NO. 10 OF 2023

COMMON JUDGMENT:

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

No.543 of 2022 has been preferred by the appellant/ 2^nd respondent – insurance company challenging the Order/Award passed by the Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- Principal District Judge, Prakasam at Ongole, in M.V.O.P.No.157 of 2018 dated 18.07.2022, wherein the Tribunal has awarded an amount of Rs.24,18,000/- as against the claim of Rs.30,00000/-.

For the above appeal the Respondents No.1 to 4 filed cross objections No.10 of 2023.

For the sake of convenience and to avoid confusion, the parties herein after are referred to as they were arrayed before the Tribunal i.e., Appellant in MACMA No.543 of 2022 and 2^nd Respondent in Cross Objections No.10 of 2023 as 2^nd respondent; and Respondents No.1 to 5 in MACMA No.543 of 2022 and cross objectors No.1 to 4 in Cross Objections No.10 of 2023 as Petitioners; and 5^th respondent in MACMA No.543 of 2022 and 2^nd respondent in Cross Objections No.10 of 2023 as 1^st respondent.

2. M.V.O.P.No.157 of 2018 is filed by the petitioners under section 166 (1)(C) of Motor Vehicles Act claiming compensation of Rs.30,00,000/- along with subsequent interest and costs for the death of Pokuri Krishna Rao in a motor vehicle accident on 29.06.2018

3. Brief averments of the claim petition in MVOP No.291 of 2016 are that – on 29.06.2018 in the afternoon while the deceased Krishna Rao was returning from Vennur village to Kattubadivaripalem on his motorcycle bearing No.AP 27 AF 2455, in the meantime one car bearing No.AP 27 BK 4905 driven by its driver in a high speed and negligent manner, dashed against the deceased, due to which, he received fatal injuries and fel