THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO M.A.C.M.A. No.64 of 2022

JUDGMENT

This appeal arises out of an Award dated 24.08.2021 passed by the Chairman, Motor Accidents Claims Tribunal – cum – XXV Additional Chief Judge, City Civil Court at Hyderabad (for short, ‘the Tribunal’) in M.V.O.P.No.1763 of

2014.

2. Appellant herein is respondent No.2 and respondent Nos.1 to 3 are the claimants-petitioners before the Tribunal. For the sake of convenience, parties will be hereinafter referred to as the claimants and the respondents.

3. Claimants filed claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on the death of Sri. P. Balaiah for an amount of Rs.45,00,000/- with interest and costs due to the accident occurred on 04.05.2014 at about

10:00 p.m.

4. On 04.05.2014, at about 10:00 p.m., P. Balaiah was a pillion rider of Hero Honda motorcycle bearing No.AP 29 AK 2394, along with his son P. Ramesh, they were proceeding from Jwala village of Rajapet mandal, Nalgonda district, towards Hyderabad on the left side of the road by following traffic rules.

When they reached HPCL, Aushapur, Ghatkesar, the driver of the tractor bearing No.AP 29 AD 1698 and trolley bearing No