APHC010330502023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 345/2023 Between:

1. M /S.THE ORIENTAL INSURANCE COMPANY LTD, REP.BY ITS DIVISIONAL MANAGER, NEAR VINAYAKA THEATRE, ELURU ROAD, VIJAYAWADA ...APPELLANT AND

1. M ERUVA LAKSHMI JHANSI, W/O VENKATESWARA RAO, AGED ABOUT 27 YEARS.

2. M ERUVA APARNA, D/O VENKATESWARA RAO, AGED 7 YEARS, STUDENT.

3. M ERUVA LIKHITH, S/O VENKATESWARA RAO, AGED 5 YEARS, STUDENT.

4. M ERUVA VARALAKSHMI, W/O. LATE APPA RAO, AGED ABOUT 50 YEARS, (SERVICE OF NOTICE TO RESPONDENTS 2 AND 3 IS NOT REQUIRED, THEY BEING MINORS REP.BY THEIR MOTHER I.E.LST RESPONDENT MERUVA LAKSHMI JHANSI) ALL ARE RESIDENTS OF SITHARAM NAGAR, NEAR MIRCHI YARD, NALLAPADU ROAD, GUNTUR.

5. S UDULAGANTI SUDHAKAR, S/O. SANJEEVA RAO, R/O. PAMARRU VILLAGE AND MANDAL, KRISHNA DISTRICT, VIJYAWADA JCJC (DRIVER OF LORRY BEARING NO.AP 31T 8253)

6. Y ARRA SRINIVASA RAO, S/O. PURNACHANDRA RAO, R/O.3-

8,SEELAMVARIPALEM, SRIKAKULAM VILLAGE, GHANTASALA TALUK, KRISHNA DISTRICT, VIJYAWADA JCJC (OWNER OF LORRY BEARING NO.AP 31T 8253)

...RESPONDENT(S):

Counsel for the Appellant:

1. KRISHNANAND VADAKATTU Counsel for the Respondent(S):

1. SRICHARAN TELAPROLU

2. DULLA SRINIVASA RAO The Court made the following:

THE HONOURABLE SMT JUSTICE V.SUJATHA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 345/2023

JUDGMENT:

1. This Motor Accident Claims Miscellaneous Appeal (for short MACMA) has been preferred by the Appellant/3^rd Respondent - M/s. The Oriental Insurance Company Limited, represented by its Divisional Manager, Near Vinayaka Theatre, Eluru Road, Vijayawada, challenging the Order/Award and Decree passed by the Chairman, Motor Accident Claims Tribunal (for short MACT) –cum- I Additional District Judge, Srikakulam, in M.V.O.P.No.153 of 2018 dated 07.04.2023 awarding an amount of Rs.7,19,600/- as against the claim of Rs.8,00,000/-.

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 3^rd respondent, Respondents No.1 to 4 herein as Petitioners/claimants, Respondents No.5 and 6 herein as Respondents No.1 and 2.

2. The Petitioners being wife, children and mother of Meruva Venkateswara Rao filed claim petition in M.V.O.P.No.153 of 2018 under section 166 of the Motor Vehicles Act claiming compensation of Rs.8,00,000/- together with interest and costs for the death of Meruva Venkateswara Rao in a motor vehicle accident that occurred on 25.07.2017.

3. Brief averments of the claim petition in MVOP No.153 of 2018 are that: Meruva Venkateswara Rao (hereinafter referred to as the “deceased”) was aged about 30 years, hale and healthy, was doing agricultural work and earning Rs.10,000/- per month i. On 25.07.2017 at about 7.00 A.M., the deceased went to Epuru village for agricultural work on his motorcycle and after completion of the same, he was returning to the village. At about 1.00 P.M., when he reached near Bridge of Eepuru Village, a lorry bearing No.AP-31T-8253 came in opposite direction driven by the 1^st Respondent in a rash / negligent manner and dashed the motorcycle of the deceased, as a result of which, he fell down and received multiple injuries. Immediately, he was shifted to Government Hospital, Kolluru, from there he was shifted to Government Hospital, Tenali, from there shifted to Lalitha Hospital, Guntur, where the deceased treated for four days as inpatient and on 28.07.2017 he was shifted to Government General Hospital, Guntur. While undergoing treatment, he was succumbed to injuries on 31.07.2017 at about 3.45 P.M.

ii. Based on the complaint, a case was registered in Cr.No.57/2017 Kolluru Police station for the offence punishable under Section 337 IPC and after receipt of death intimation, altered Section of law into Section 304-A IPC.

iii. The accident occurre