APHC010130532023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 220/2023 Between:

1. O RIENTAL INSURANCE COMPANY LTD, REP. BY ITS LOCAL MANAGER BRANCH OFFICE, OPP. DISTRICT COURT KADAPA ...APPELLANT AND

1. B ANDARU VENKATA MANDADI VENKATAIAH, S/O. KARRI MANDADI, AGED 55 YEARS NOW RESIDING AT D.NO. 2/1191, SRIHARI RAO STREET NAGARAJUPET, KADAPA CITY PREVIOUSLY RESIDING AT D. NO. 2-28, MAMBEDU VILLAGE CHITTOOR MANDAL AND DISTRICT

2. G EVINI DHANALAKSHMI, W/O. CHANDRA MOULI OWNER OF THE LORRY RESIDING AT D. NO. 13-384, RAJEEV NAGAR COLONY, JEEVAKONA SATYANARAYANAPURAM POST TIRUPATHI TOWN, CHITTOOR DISTRICT

3. N ERJALA RAMA MOORTY, N/O. CHENGAIAH, DRIVER OF THE LORRY NOW RESIDING AT D. NO. 9-10 NETHAKUPPAM VILLAGE, RAMACHANDRAPURAM, POST AND MANDAL CHITTOOR N/O. CHENGAIAH, DRIVER OF THE LORRY NOW RESIDING AT D. NO. 9- 10 NETHAKUPPAM VILLAGE, RAMACHANDRAPURAM, POST AND MANDAL CHITTOOR ...RESPONDENT(S):

Counsel for the Appellant:

1. N RAMA KRISHNA Counsel for the Respondent(S):

1. D KODANDARAMI REDDY The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 220/2023

JUDGMENT:

1. This Motor Accident Claims Miscellaneous Appeal (for short MACMA) has been preferred by the Appellant/ 3^rd respondent i.e., The Oriental Insurance Company Limited represented by its Local Manager Branch Office, opposite to District Court, Kadapa, being aggrieved by the Order/Award and Decree passed by the Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- VI Additional District Judge, Kadapa, in M.V.O.P.No.406 of 2018 dated 31.10.2022 awarding an amount of Rs7,38,901/- as against the claim of Rs.10,50,000/-.

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 herein as Respondent No.3, Respondent No.1 herein as petitioner-claimant; and Respondents No2 and 3 herein as Respondents No.1 and 2.

2. The Petitioner being injured filed claim petition in M.V.O.P.No.406 of

2018 under Section 166 of Motor Vehicle Act, r/w. Rule 455 of Andhra Pradesh Motor Vehicle Rules, claiming compensation of Rs.10,50,000/- from respondents 1 to 3 jointly and severally for the injuries sustained by him in a motor vehicle accident, together with interest and for costs of the petition.

3. Brief averments of the claim petition in MVOP No.406 of 2018 are that: the petitioner was doing cow dung and sheep dung business and getting income of Rs.15,000/- per month and the same was contributing to their family and he is the only earning member and the entire family depending upon the income of the injured.

i. On 17.03.2018 at about 12.30 p.m., the petitioner and his wife B.Venkatamma, sister-in-law Jayamma, brother-in-law Chandra Mouli started in a lorry bearing No. AP02 T 3159 from Tirupathi after loading dung (Eruvu) in order to sell the same at Railway Kodur. Said lorry was driven by one N.Ramamurthy. When the said lorry reached near Chimpiri Siddaramireddy Banana Gardens at S.Upparapalli H.Wada, Railway Kodur Mandal, the driver of the lorry drove it rashly, in a negligent manner and with high speed, as a result of which, the right side front tyre of the lorry burst and the lorry piercly, took a turn towards right side. At the same time, one lorry bearing No.TN52 H 6675 was coming from Kodur side and despite its driver took the lorry towards left side in order to avert the direct hitting, but, in that process, the lorry bearing No.TN52 H 6675 hit on the right side of the lorry bearing No.AP02 T 3159, as a result of which, the petitioner and other inmates of the lorry sustained bleeding injuries. The passers-by called108 Ambulance and shifted the injured to SVRR Hospital, Tirupathi.

ii. Basing on the report given by Chandra Mouli, a case in Cr.No.130 of 201