THE HONOURABLE SMT. JUSTICE P.SREE SUDHA M.A.C.M.A. No.670 OF 2021

JUDGMENT:

1. This appeal is filed by the appellant-Insurance Company aggrieved by the order and decree, dated 29.04.2021, passed in O.P.No.3128 of 2014 on the file of the Motor Accidents Claims Tribunal-cum-IIII Additional Chief Judge, City Civil Court, Hyderabad (in short” Claims Tribunal”).

For the sake of convenience the parties hereinafter be referred to as arrayed before the trial Court.

2. Before the Claims Tribunal the claimant filed claim petition under Section 163-A of the Motor Vehicles Act (for brevity the M.V.Act) seeking compensation of Rs.5,00,000/- consequent on death of his daughter, 4 years, in a motor vehicle accident. It is stated by the claimant that on 18.05.2014 when his daughter and wife and other relatives were proceeding in a Omni Quails Van bearing No.AP-32-D-0300 towards Toopran side, and when the said vehicle reached near Check Post, Medchal the driver of the said vehicle drove it in a rash and negligent manner and hit an unknown vehicle while it was taking a turn towards Shamirpet, as a result of which there was head on collusion. Due to the impact of the accident, the inmates of Qualis veh