THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA M.A.C.M.A Nos.674 and 2360 of 2019

COMMON JUDGMENT:

These are cross-appeals filed against the Award dated 30.11.2018 passed by the Chairman, Motor Accidents Claims Tribunal (Principal District Judge) at Nalgonda, in M.V.O.P.No.380 of 2017. By the impugned Award, the Tribunal awarded a compensation of Rs.8,89,000 with proportionate costs and interest at 7% per annum from the date of claim petition to the date of actual payment, holding the respondents No.1 to 3 (i.e., driver, owner, and insurer of the offending Lorry bearing No.MH-13R-4143), jointly and severally liable to pay the compensation.

1.1 Challenging the Award on the grounds of contributory negligence, interested witness, and no-evidence of income of the deceased, the respondent No.3-United India Insurance Company Limited filed MACMA No.674 of 2019. On the contrary, dissatisfied with the quantum of compensation, the claimants filed MACMA No.2360 of 2019.As the appeals are connected, they are being disposed through this Common Judgment. For the sake of convenience, the parties will be referred as insurance company, and claimants.

2. Heard Mr. V. Sambasiva Rao, learned Standing Counsel