HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD *****

M.A.C.M.A.No.480 of 2021 Between:

The United India Insurance Company Limited, Rep. by its Administrative Officer, T.P Claims Hub, Regional Office, 9^th Floor, Basheerbagh, Hyderabad.

… Appellant/Respondent No.4 And

1. Arkala Indira Priya Darshini W/o Tirupathaiah, Age: 31 years, Occ: Housewife.

2. Arkala Sanjana Sree Yadav D/o Late Tirupathaiah, Age: 6 years, Occ: Student.

3. Arkala Shasra Sree Yadav D/o Late Tirupathaiah, Age: 3 years, Occ: Student.

(The petitioner No.2 and 3 being minors represented By their Natural Mother and Guardian/Indira Priya Darshini, Petitioner No.1).

4. Arekala Yellamma W/o Venkataiah, Age: 68 years, Occ: Housewife.

5. Arekala Venkataiah S/o Illaiah, Age: 71 years, Occ: Nil.

(All are R/o Rampet, H/o Kadipikonda, Hanumakonda Mandal, Warangal District).

… Respondents/Petitioners

6. Manchala Ravinder S/o Ravinder, Age: 41 years, Occ: Driver of Crime Vehicle AP-36-Q-3042, R/o H.No.3-4-1583, Ashok Colony, Hanumakonda Mandal, Warangal District.

7. Epuru Sree Rama Reddy S/o Not known to petitioners Age: Major, Occ: Owner of crime vehicle, R/o 1-8-548, Balasamudram, Hanumakonda, Warangal.

8. E. Maoj Kumar Reddy S/o Sree Ram Reddy, Age: Major, Occ: Present Owner of crime vehicle, R/o 1-8-548, Balasamudram, Hanumakonda, Warangal.

… Respondents/Respondents DATE OF JUDGMENT PRONOUNCED : 02.05.2025 Submitted for approval.

HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA

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 Their Ladyship/Lordship wish to see the fair copy of the Judgment? Yes/No HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA + MACMA. No.480 of 2021 % Dated 02.05.2025 Between:

# The United India Insurance Company Limited, Rep. by its Administrative Officer, T.P Claims Hub, Regional Office, 9^th Floor, Basheerbagh, Hyderabad.

… Appellant/Respondent No.4 And

9. $ Arkala Indira Priya Darshini W/o Tirupathaiah, Age: 31 years, Occ: Housewife.

10. Arkala Sanjana Sree Yadav D/o Late Tirupathaiah, Age: 6 years, Occ: Student.

11. Arkala Shasra Sree Yadav D/o Late Tirupathaiah, Age: 3 years, Occ: Student.

(The petitioner No.2 and 3 being minors represented By their Natural Mother and Guardian/Indira Priya Darshini, Petitioner No.1).

12. Arekala Yellamma W/o Venkataiah, Age: 68 years, Occ: Housewife.

13. Arekala Venkataiah S/o Illaiah, Age: 71 years, Occ: Nil.

(All are R/o Rampet, H/o Kadipikonda, Hanumakonda Mandal, Warangal District).

… Respondents/Petitioners

14. Manchala Ravinder S/o Ravinder, Age: 41 years, Occ: Driver of Crime Vehicle AP-36-Q-3042, R/o H.No.3-4-1583, Ashok Colony, Hanumakonda Mandal, Warangal District.

15. Epuru Sree Rama Reddy S/o Not known to petitioners Age: Major, Occ: Owner of crime vehicle, R/o 1-8-548, Balasamudram, Hanumakonda, Warangal.

16. E. Maoj Kumar Reddy S/o Sree Ram Reddy, Age: Major, Occ: Present Owner of crime vehicle, R/o 1-8-548, Balasamudram, Hanumakonda, Warangal.

… Respondents/Respondents ! Counsel for the Appellant: Sri S. Satyananda Rao ^ Counsel for the Respondents: Sri Bommagani Prabhakar Gist:

>HEAD NOTE:

? Cases referred

1. 2013 (1) SCC 731

2. 2024 Live Law (Raj 219 THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA M.A.C.M.A.NO.480 OF 2021

JUDGMENT:

This appeal is filed by the Insurance Company, aggrieved by the Order and Decree dated 25.11.2020 in M.V.O.P.No.161 of 2017 passed by the Chairman, Motor Accident Claims Tribunal-cum-

Principal District Judge, Warangal (for short “the Tribunal”).

2. For convenience and clarity, the parties herein are referred to as they were arrayed before the Tribunal.

3. The case of the petitioner before the Tribunal was that on 17.07.2016 the deceased-Arkala Thirupathaiah went to attend an exam along with his friends by a car bearing No. AP-36-Q-3042 and were returning to Hanamkonda by the same car, after crossing Vivera Hotel on NH-163 near Bhongir, another Car bearing No.TS-05-UB-4854 was proceeding towards Hyder