MACMA/2952/2016 of GUDLA HYMAVATHI(DIED) PER LRS & 5 OTHERS Vs BYRI VENKATA SIVAPRASAD & 2 OTHERS

1 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.2952 of 2016 JUDGMENT: 1. Heard both sides. 2. This appeal is filed against the award and decree dated 03.09.2013 passed in M.V.O.P.No.155 of 2008 by the Motor Accidents Claims Tribunal-cum- District Judge, Srikakulam (for short “the MACT”). 3. Claimants before the learned MACT are the appellants herein. One Gudla Hymavathi was a original claimant before the MACT. 4. The claim petition was filed, invoking Section 166 of the Motor Vehicles Act, 1988 read with Rule 455 of the A.P. Motor Vehicle Rules, by the original claimant (hereinafter referred to as “claimant No.1”) claiming a compensation of Rs.2,27,200/- for the injuries suffered by her in a motor vehicle accident that occurred on 08.01.2007. During the pendency of proceedings before the learned MACT, she died, and her Legal Representatives were added as Claimant Nos.2 to 6 and they continued the proceedings. 5. Learned MACT awarded a compensation of Rs.40,300/- as against the claim made for Rs.2,27,200/- apportioned the compensation amount awarded equally among claimant Nos.2 to 6. Aggrieved by the same, the claimants filed the present appeal. 2 Case of claimant