HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY M.A.C.M.A.NO.35 OF 2025

JUDGMENT

The present appeal has been filed by the appellant-Insurance Company aggrieved by the impugned order, dated 18.04.2016 in M.V.O.P.No.378 of 2011 passed by the Chairman, Motor Accidents Claims Tribunal-cum-I Addl.District Judge at Nizamabad (for short, ‘Tribunal’) and thereby, seeking to set aside the impugned order.

2. Heard Sri V.Srinivasa Rao, learned counsel for the appellant- insurance company and Sri M.Raja Malla Reddy, learned counsel for the respondent Nos.1 and 2/claim petitioners.

3. The appellant herein is the respondent No.3-insurance company, respondent Nos.1 and 2 herein are the claim petitioners and respondent No.3 herein is the respondent No.1-driver of the crime vehicle and respondent No.4 herein is the respondent No.2-owner of the crime vehicle before the Tribunal. For convenience, the parties hereinafter are referred to as they are arrayed before the Tribunal.

4. The brief factual matrix of the present appeal is that on 07.02.2003 at about 5.30 p.m., while N.Limbadri, aged about 10 years (hereinafter referred to as ‘deceased’) was playing infront of the house of T.Maruthi at Arsapally villag