MACMA/275/2017 of Y VIJAYA KUMAR, KURNOOL Vs POOLA NAGARAJU, KURNOOL DIST & 2 OTHERS

1 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A. Nos.275 and 300 of 2017 COMMON JUDGMENT: 1. Heard both sides. 2. The cl aimant in MVOP No.133 of 2012 on the file of the Motor Accident Claims Tribunal-cum-VI Additional District Judge, Kurnool [for short „MACT‟], Y.Vijay Kumar is the appellant before this Court in MACMA No.275 of 2017 and the 2nd respondent therein, the Royal Sundaram Alliance Insurance Company Ltd., is the appellant before this Court, in MACMA No.300 of 2017. One Poola Nagaraju and one Masoom Basha, are the owner and driver of the vehicle i.e., Tractor and Trailor bearing Nos.AP 21 TU 8680 and AP 21 E 2691, [herein after referred as ‘offending vehicle’]. They are Respondents 1 and 3 before the MACT and they remained ex parte. 3 [i] Dissatisfied with imposing of liability and quantification and contending that it is on high side, the Insurance Company preferred the appeal. [ii] Dissatisfied with the quantum of compensation awarded in a sum of Rs.6,81,500/- with interest @ 9% p.a., as against a claim made for Rs.15,00,000/-, the claimant is before this Court. 2 4. Both appeals are arising out of the same case, heard together and are being disposed of u