UNITED INDIA INSURANCE CO. LTD Vs. ORSU LURDHAIAH

JUDGEMENT

(1.) These two Civil Miscellaneous Appeals have been filed by the parties to M.V.O.P.No.495 of 2017. M.A.C.M.A.No.750 of 2021 has been filed under Sec. 173 of Motor Vehicles Act (for short 'M.V.Act') by United India Insurance Company Limited, which is shown as respondent No.3 in the above referred O.P.No.495 of 2017. The said appeal has been filed questioning the quantum of compensation awarded by the learned Chairman, Motor Accidents Claims Tribunal cum Principle District Judge, Nalgonda, herein after will be referred as 'The Tribunal'. Whereas, the other appeal i.e., M.A.C.M.A. No.627 of 2021 has been filed by the petitioners in the said O.P. seeking enhancement of the compensation on various grounds. Since both the appeals are against the same order and the contentions of both parties are in accordance with their respective contentions before the Court below, a common judgment would suffice to dispose both the appeals.

(2.) For convenience sake, the parties will be referred to as they are shown in M.V.O.P.No.495 of 2017.

(3.) As could be seen from the award impugned in the present appeals, the following is the brief case of petitioners before the trial Court: One Orsu Raju, who was aged about 19 years old and who herein after will be referred as 'deceased', was the son of petitioners No.1 and 2. On 15/5/2017, at about 11.30 a.m., the deceased and his relative B.Kumari had been to Jaggaiahpet town on a motor-cycle for purchasing Garlands and while they were returning to Jaggaiahpet on the same motor-cycle and while the deceased was riding the motor-bike and when they reached outskirts of Mukthyala Village, the driver of lorry bearing No. AP 16 TH 3989 which was coming in the opposite direction drove the lorry in high speed, in a rash and negligent manner and dashed the motor-cycle of the deceased. Therefore, the deceased and pillion rider Kumari fell on the road and received severe head injury and died on the spot. A complaint was lodged before the police which was registered as a case in Cr.No.104 of 2017 against the lorry driver.