MACMA/474/2016 of K V NARAYANA REDDY, ANANTHAPURAM DIST Vs P VIVEKANANDA REDDY, ANANTHAPURAM DIST & 2 OTHERS

1 THE HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.474 of 2016 JUDGMENT: The claimant in O.P.No.144 of 2014 on the file of learned VI Additional District Judge-cum-Motor Accidents Claims Tribunal, Gooty, Anatapur District (for short “MACT”), is the appellant before this Court. Feeling dissatisfied by the award and decree dated 22.09.2015 passed by the learned MACT wherein a compensation of Rs.1,40,000/- with interest at 7.5 % per annum, awarded in his favour as against his claim for Rs.4,00,000/-, as in adequate this appeal is filed invoking Section 173 of the Motor Vehicles Act, 1988 (for short “the M.V. Act”). 2. Respondents 1 and 3 herein were the respondents 1 and 3 before the learned MACT being the owner and driver of the Eicher Van bearing No.AP29V3300 (hereinafter referred to as “offending vehicle”) and they remained ex parte before the learned MACT. The 2nd respondent herein as 2nd respondent before the learned MACT and contested the matter. Case of the claimant in brief: 3. On the fateful day viz., 27.02.2014 at about 1-30 p.m., when he was proceeding on his motorcycle bearing No.AP02Q6477 near Anjaneyaswamy Temple on Bukkapatnam to Tadipatri Road, the offendin