MACMA/58/2022 of THE ORIENTAL INSURANCE COMPANY LIMITED Vs KUNCHALA DURGA PRASAD

APHC010067092022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3367] (Special Original Jurisdiction) MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 58/2022 Between: The Oriental Insurance Company Limited ...APPELLANT AND Kunchala Durga Prasad and Others ...RESPONDENT(S) Counsel for the Appellant: SAMBOJU BALA GOPAL Counsel for the Respondent(S): The Court made the following: JUDGMENT: This appeal is directed against the order of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-I Additional District Judge at Machilipatnam (hereinafter called as ‘the Tribunal’) in M.V.O.P.No.111 of 2015 dated 27.10.2021. 2. The appellant is the insurer of the Lorry bearing No.AP 16T 8429 (hereinafter referred to as “crime lorry”). The respondent No.1 is the claimant before the Tribunal and respondent Nos.2 and 3 is the driver and owner of the said crime lorry respectively. 2 3. For the sake of convenience, the parties hereinafter referred to as they arrayed before the tribunal. 4. The case of the claimant, in the petition before the Tribunal is that: i). On 02.11.2014 at about 04.00 p.