MACMA/965/2016 of MUSALAMADUGU DIBBA RAO Vs K.GANGADHARA RAO & 4 OTHERS

1 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.965 of 2016 JUDGMENT: 1. Heard learned counsel for the appellant and learned counsel appearing for the respondents. 2. This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 ('M.V.Act' for short), questioning the just and adequate nature of quantum of compensation granted under award dated 23.09.2011 in (Motor Vehicle Original Petition) M.V.O.P. No. 146 of 2008, by the Chairman, Motor Accidents Claims Tribunal-cum- II Additional District Judge, West Godavari, Eluru, [‘for short ‘MACT’]. The claimant is the appellant. Learned MACT granted a compensation of Rs.4,06,400/- with interest @6% per annum as against the claim made for Rs.9,00,000/- against respondents No.1 and 2. The case of the appellant/ claimant, in brief, is that – 3. [i] He was working as a driver for the Lorry bearing No.AP 16 TV 2408. On the fateful day, i.e., on 14.04.2006 while he was driving the Lorry from Vizag to Gujarath with a load of iron, at about 3.30p.m., he suddenly observed that a lorry bearing No.16 TV 6135 was stationed near Kallupakalu, Dwaraka Nagar, on outskirts of M. Nagulapalli Panchayat, within the limits of Dwar