MACMA/2992/2016 of IFFCO-TOKIO GENERAL INSURANCE CO LTD Vs P SANTHAMMA & 4 OTHERS

THE HON’BLE SRI JUSTICE V.SRINIVAS M.A.C.M.A.No. 2992 of 2016 JUDGMENT: This appeal is filed against the order, dated 28.01.2013 passed in M.V.O.P.No.156 of 2010 on the file of the Chairman, Motor Accident Claims Tribunal-cum-District Judge, Chittoor (hereinafter called as „the Tribunal‟). 2. The appellant is the insurer of an auto rickshaw bearing No. AP 03 X 0015 (hereinafter referred to as “crime vehicle”). The Respondent Nos.1 to 4 herein are the claimants, who are the mother, wife and children of P.Chinna Reddappa Reddy (herein after referred as deceased) and Respondent No.5 herein is the owner of the crime vehicle. 3. For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the Tribunal. 4. The case of the claimants, in the petition before the Tribunal is that: i) On 03.08.2009 at about 5.00 p.m., while the deceased P.Chinna Reddappa Reddy is proceeding on his TVS motor cycle bearing Registration No. AP 2 03 Q 5496 from Kuraparthi in order to sell Pudhina (mint leaves) at Vayalpad, in between Obulampalle village and Sivapuram village, he was hit by auto bearing No.AP 03X 0015, driven by its driver in a rash and negligent manner sustained