COMMON JUDGMENT:

Heard Sri T.Mahender Rao, learned counsel for the appellants, Sri S.Chalapathi Rao for respondent Nos.1 to 4 in MACMA No.303 of 2023, Sri A.Ramakrishna Reddy for respondent no.1-insurance company in both appeals.

2. Both the appeals are filed by the driver and owner of the crime vehicle in an accident occurred on 09.09.2020.

3. Since the issue in the above appeals is arising out of the same accident, both the appeals are heard together and disposed of by this common judgment.

4. The claimants in both the appeals filed MVOP No.392 of 2020 and MVOP No.12 of 2021, respectively. MACMA No.303 of 2023 is arising out of MVOP No.12 of 2021 and MACMA No.304 of

2023 is arising out of MVOP No.392 of 2020.

5. The facts leading to filing of Appeals are, (a) MVOP No.12 of 2021 is filed under Section 166 of Motor Vehicles Act, 1988 by the wife, sons and daughter of the deceased- Manegalla Narsaiah, claiming compensation of Rs.15,00,000/- on account of death of the deceased in a motor vehicle fatal accident.

(i) As per the averments of the petition, on 09.09.2020 at about 5.30 p.m., the deceased-Manegalla Narsaiah started from his house Pembarthy to go to his agricultural land through Tangutoor X Roads on his cycle and when he reached the Tangutoor X road of Pembarthy village on NH-163, one Innova Car bearing registration No.TS-03-EV-4668, driven by its driver, who is appellant no.1, in drunken condition dashed against the deceased-M.Narsaiah and also one Thipparapu Narsiah @ Anand, who was going to his village through Tangutoor on his motor cycle bearing registration No.AP-36-AV-4565 and he has also dashed a passenger auto bearing registration No.AP-20-TB02753. As a result of which, both deceased received severe injuries and died on the spot and the inmates of the Auto, namely, Jannu Bhaskar and Krishna received severe injuries. The Police, P.S.Jangaon registered a case in Crime No.282/2020 under Section 304-II IPC against the driver, who drove the crime vehicle in a drunken state rashly and negligently.

(ii) According to the claimants, the deceased was aged about 59 years at the time of accident, hale and healthy and was doing agriculture and earning Rs.10,00,000/- per annum and contributed the same to his family members and claimed Rs.15,00,000/- towards compensation.

(b) MVOP No.392 of 2020 is filed under Section 166 of Motor Vehicles Act, 1988 by the wife, daughter and parents of the deceased-Thipparapu Narsaiah alias Anand, claiming compensation of Rs.30,00,000/- on account of death of the deceased in a motor vehicle fatal accident, the details of which are narrated in the preceding paragraph.

6. Respondent no.3-insurance company filed written statement denying all the averments made in the claim petitions and contended that the driver of the crime vehicle was not holding a valid and effective driving license at the time of alleged incident and there is violation of Section 3(1) of M.V.Act and the respondent no.2 who is the owner of crime vehicle is liable for compensation. It is further contended that the Police filed charge sheet against the driver under Sectiond 304(2)(n), 338, 279 of IPC and Section 185 of M.V.Act by stating that he consumed ethyl alcohol, which is evident from RFSL report, as such, the respondent no.3-insurance company is not liable to pay any compensation and the owner is liable to pay compensation.

7. Appellants 1 and 2 herein, who are the driver and owner of crime vehicle, filed written statement denying the allegations made in the claim petitions and contended that amounts claimed by the claimants towards compensation for the death of deceased persons is excessive. It is contended that the crime vehicle was insured with the respondent no.3-insurance company and therefore, appellants are not liable to pay any amount. Further, the allegation against the driver that he consumed alcohol at the time of accident is correct.

8. On the basis of the above pleadings, the Court below framed the following issues:

In M