THE HIGH COURT FOR THE STATE OF TELANGANA :

HYDERABAD * * *

M.A.C.M.A.NO.649 OF 2020 Between:

HDFC ERGO General Insurance Co.

Ltd., represented by its Branch Manager, Wyra Road, Khammam Town, Khammam District. ...Appellant v.

1.Vallabhi Vimala W/o Hanumantha Rao Age 48 years, Occ: Housewife.

2. Kondobolu Rama Devi W/o Ramesh, Age 30 years, Occ:Nil.

3. Kondobolu Swapna W/o Naresh, Age 28 years, Occ:Nil R/o Ammapeta Village, Mudigonda, Mandal, Khammam District. ...Respondents ORDER PRONOUNCED ON: 22.09.2025 THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? : Yes/No

2. Whether the copies of judgment may be marked to Law Reporters/Journals? : Yes/No.

3. Whether His Lordship wishes to see the fair copy of the Judgment? : Yes/No.

_________________________________ NARSING RAO NANDIKONDA, J *THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA + M.A.C.M.A.NO.649 OF 2020 % 22.09.2025 # Between:

HDFC ERGO General Insurance Co.

Ltd., represented by its Branch Manager, Wyra Road, Khammam Town, Khammam District. ...Appellant V.

1.Vallabhi Vimala W/o Hanumantha Rao Age 48 years, Occ: Housewife.

2. Kondobolu Rama Devi W/o Ramesh, Age 30 years, Occ:Nil.

3. Kondobolu Swapna W/o Naresh, Age 28 years, Occ:Nil R/o Ammapeta Village, Mudigonda, Mandal, Khammam District. ...Respondents ! Counsel for Appellant : Sri G.Ravi Chandra Sekhar Learned Standing Counsel for the appellant ^Counsel for the respondent(s): Sri P.Sanjay Kumar, Learned counsel for the respondents.

> HEAD NOTE: ? Cases referred

1. (2008) 9 Supreme Court Cases

2. (1998) 1 SCC 371 3. 2001 (8) SCC 197

4. 2025 SCC Online SC 1092 THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA M.A.C.M.A.NO.649 OF 2020

JUDGMENT

This appeal is filed by the appellant-Insurance Company under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act, 1988’) aggrieved by the order and decree, dated 13.05.2020 in M.V.O.P.No.171 of 2016 passed by the learned Chairman, Motor Accidents Claims Tribunal-cum-Special Sessions Judge for Fast Tracking the Cases relating to Atrocities Against Women-cum-VIII Additional District Judge, Khammam (for short, ‘the Tribunal’)

2. The brief facts of the case are that the claimants filed claim petition under Section 166 of the Act, 1988 claiming compensation of Rs.5,00,000/- for the death of Vallabhi Hanumantha Rao (hereinafter referred to as ‘the deceased’) in a fatal accident occurred on 26.06.2014.

3. The 1st claimant is wife, 2nd claimant and 3rd claimants are daughters of the deceased. On 26.06.2014 at about 2:00 PM, one Kondabala Ramesh and the deceased were proceeding to Khammam on a motorcycle bearing No.AP-20-N- 6863 to purchase cotton seeds and when they reached Venkatagiri X Roads, near Supraja Rice Mill on R&B main Road leading from Mudigonda to Khammam, meanwhile one Tractor & Trailer bearing No.AP-20-TC-2109 & 4767 proceeding in the same direction came at high speed in a rash and negligent manner and dashed against the motorcycle. As a result of it, the deceased (pillion rider) fell down on the road and sustained severe injuries on vital parts of the body and died on the spot.

4. On receipt of complaint, police Khammam Rural registered a case in Crime No.381 of 2014 under Sections 304-

A and 338 of I.P.C. against the driver of the crime vehicle. 5. The deceased was aged about 56 years and he was hale and healthy at the time of accident and doing agriculture work and used to earn Rs.1,00,000/- per annum. Apart from agriculture work, he is also doing coolie work and used to earn a sum of Rs.300/- per day and contributing the same for welfare of his family. The claimants are residing in joint family under one roof. Due to sudden death of deceased, the 1st claimant lost her conjugal happiness and other claimants lost their love and affection of the deceased.

6. The appellant is the insurance company and respondent No.2 is insurer of the crime vehicle i.e., tractor and trailer, as such they are jointly and severally liab