APHC010313052022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 352/2022 AND MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 4/2023

1. MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 352/2022 Between:

1. S HRIRAM GENERAL INSURANCE COMPANY LIMITED., REPRESENTED BY ITS MANAGER, UPSTAIRS C/O GOPAL AUTO STORES.MARUTHI NAGAR, NEAR RTC BUS STAND, KADAPA ...APPELLANT AND

1. J UTURU SHARAN KUMAR CHARAN KUMAR, S/O. MURALI KRISHNA, AGED 28 YEARS, HINDU, BUSINESS, RESIDENT OF D.NO.2/110, AMMAVARISHALA STREET, PEDDA CHEPPALI VILLAGE, KAMALAPURAM MANDAL, KADAPA DISTRICT-516 289

2. K GANGA SUDHARSHAN REDDY, S/O K.RAMAKRISHNA REDDY, AGED ABOUT 32 YEARS, HINDU, PRESENT OWNER OF THE LORRY BEARING NO.AP 04 TT 3389, RESIDING AT D.NO.2-127-D9, MAHESWARA NAGAR, YERRAGUNTLA TOWN AND MANDAL, KADAPA DISTRICT

3. R VENKATA KONDA REDDY, S/O R.GOVINDA REDDY, AGE NOT KNOWN, BUT MAJOR, HINDU, PREVIOUS OWNER OF THE LORRY BEARING NO.AP 04 TT 3389, R/O A-28, ICL COMPANY, YERRAGUNTLA, KADAPA DISTRICT.

4. K ORRAPATI MAHABOOB BASHA, S/O MAHABOOB SAHEB, AGED ABOUT 41 YEARS, MUSLIM, DRIVER OF THE LORRY BEARING NO,AP 04 TT 3389, RESIDING AT DATHAPURAM VILLAGE, KONDAPURAM MANDAL, Y S.R.KADAPA DISTRICT.

(RESPONDENT NO.4 IS NOT NECESSARY PARTY)

...RESPONDENT(S):

2. MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 4/2023 Between:

1. J UTUR SHARAN KUMAR @ CHARAN KUMAR, S/O. MURALI KRISHNA AGED 32 YEARS, R/O. D.NO. 2/110, AMMAVARISHALA STRET, PEDDACHEPPALI, VILLAGE, KAMALAPURAM MANDAL, YSR KADAPA DISTRICT).

...APPELLANT AND

1. K GANGA SUDHARSHAN REDDY, S/O. K. RAMAKRISHNA REDDY, AGED ABOUT 34 YEARS, R/O. DO.NO.2/127-D9, MAHESWARA NAGAR, YERRAGUNTLA TOWN AND MANDAL, YSR KADAPA DISTRICT.

2. R VENKATA KONDA REDDY, S/O. R. GOVINDA REDDY, DO.NO.A-

28, ICL COMPANY, YERRAGUNTLA, YSR KADAPA DISTRICT.

3. S HRIRAM GENERAL INSURANCE COMPANY LTD, REP. BY ITS MANAGER LEGAL, BRANCH OFFICE, 2ND FLOOR, HERO SHOWROOM COMPLEX, OPP.RTC BUS STAND, KADAPA TOWN, YSR KADAPA

4. K ORRAPTI MAHABOOB BASHA, S/O. MAHABOOB SAHEB, R/O.

DHATHAPURAM VILLAGE, KONDAPURAM MANDAL, YSR KADAPA DISTRICT.

...RESPONDENT(S):

Counsel for the Appellant in MACMA No.352 of 2022 and Respondent in MACMA No.4 of 2023:

1. A JAYANTHI Counsel for the Respondent(S) in MACMA No.352 of 2022 and Appellant in MACMA No.4 of 2023:

1. DHANUNJAYA REDDY K The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 352/2022 AND MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 4/2023

COMMON JUDGMENT:

1. The Motor Accident Civil Miscellaneous Appeal (for short MACMA) No.352 of 2022 has been preferred by the Appellant/ Respondent No.3 – Shriram General Insurance Company Limited., represented by its Manager (Legal), Branch Office at 2^nd floor, Hero Showroom Complex, opposite to RTC bus Stand, Kadapa Town, YSR Kadapa District, challenging award passed by the Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- Principal District Judge, Kadapa in M.V.O.P.No.456 of 2018 dated 14.02.2022, wherein the Tribunal has awarded an amount of Rs.14,41,545/- as against the claim of Rs.20,00,000/-.

MACMA No.4 of 2023 has been preferred by the appellant/Petitioner seeking enhancement

2. Since both the appeals are preferred challenging the same award passed by the Chairman, Motor accidents Claims Tribunal –cum- Principal District Judge, Kadapa in M.V.O.P.No.456 of 2018 dated 14.02.2022, this Court feels it appropriate to pass a common Judgment in both the appeals.

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.352 of 2022 and Respondent No.2 in MACMA No.4 of 2023 as Respondent No.2; and Respondent No.1 in MACMA No.352 of 2022 and appellant in MACMA No.4 of 2023 as petitioner; Respondents No.2 to 4 in MACT No.352 of 2022 and Res