THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA

JUDGMENT:

This appeal is filed by the Insurance Company aggrieved by the Order and Decree dated 24.03.2021 in M.V.O.P.No.13 of 2018 passed by the Motor Accident Claims Tribunal-cum-IX Additional District Judge, Siricilla (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 is that on 16.10.2012 at about 4:45 p.m., the deceased-K. Naryana was going on motor bike bearing No.AP-15-AZ-2497 along with pillion rider- Ganagoni Laxmi and in the mean time, an auto trolley bearing No.AP-15-TA-6417 driven by its driver in a rash and negligent manner, dashed the motor bike of the deceased, as a result of which the deceased fell down and sustained multiple injuries and died while he was being shifted to the hospital. Thus, the petitioner has claimed Rs.7,00,000/- of compensation.

4. The respondent Nos.1 and 2 who are the driver and owner of the auto trolley have jointly filed a counter denying the averments of the petition. They further contended that the accident has not occurred due to the rash and negligence of the driv