MACMA/614/2016 of THE UNTIED INDIA INSURANCE CO LTD Vs N.NARAYANAMMA & 8 ORS

1 THE HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.614 of 2016 JUDGMENT: The 4th respondent [the United India Insurance Co. Ltd.], in M.V.O.P.No.178 of 2008 on the file of learned IX Additional District Judge- cum-Chairman, Motor Accidents Claims Tribunal (FTC), Chittoor (for short “MACT”) filed the present appeal invoking Section 173 of the Motor Vehicles Act, 1988 (for short “the M.V. Act”), questioning the propriety and sustainability of the decree and order dated 28.12.2011 therein passed therein by the learned MACT. 2. Respondent Nos.1 to 6 herein were the claimants before the learned MACT and respondent Nos.7 to 9 were respondents 1 to 3. 3. For the sake of convenience, the parties will be hereinafter referred with reference to their status before the learned MACT i.e., is as and how they are arrayed in the impugned order. 4. Claimant No.1 is the wife, claimant Nos.2 to 6 are the children of one M.Venkatesu Gowdu (hereinafter referred to as “deceased”). 1 st respondent L.Thomas, is the registered owner of tractor bearing No.AP 03 D-3079 (hereinafter referred to as “offending vehicle No.1”) and the 2 nd respondent Roshan Zameer is its purchaser by the date of accid