MACMA/259/2017 of G.SREERAMULU & 2 ORS Vs M.BABU & 2 ORS

1 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.259 of 2017 JUDGMENT: 1. Heard learned counsel for both sides. 2. The claimants before the I Additional District Judge- -cum-Motor Accidents Claims Tribunal, Chittoor, [‘for short ‘MACT’], in M.V.O.P.No.358 of 2007 filed the present appeal invoking Section 173 of the Motor Vehicles Act 1988, feeling aggrieved and dissatisfied with the award and decree dated 25.10.2010, where under the compensation of Rs.4,30,000/- with interest @7.5% was awarded to them as against a claim made for Rs.10,00,000/-. 3. Respondents 1 to 3 herein are the respondents 1 to 3 before the learned MACT. Respondent No.4 before the learned MACT is not added as party in this appeal. 4. The 1st respondent is the driver. 2nd respondent is the insurer of lorry bearing No.ADC 1786 [hereinafter referred as ‘offending vehicle’], 3rd respondent is the owner of Maruthi Omni Car bearing No. KA 22 2544 [ for short referred as ‘Vehicle No.1’] and the 4th respondent before the learned MACT is the insurer of the vehicle No.1. The respondents No.3 and 4 were referred as proforma parties in para 26(vii) at page 7 of claim petition. Respondent No.3 remained absen