MACMA/999/2017 of ORIENTAL INSURANCE COMPANY LIMITED Vs NALABAM AUDI LAKSHMAMMA & ANR

MACMA No.999 of 2017 THE HON’BLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.999 of 2017 JUDGMENT: 1. Heard both sides. 2. Respondent No.2 in M.V.O.P.No.410 of 2013 on file of V Additional District and Sessions Judge-cum-Motor Accidents Claims Tribunal, Nellore (for short “the MACT”), feeling aggrieved by the decree and orders dated 29.02.2016 passed by the learned MACT, is before this Court in this MACMA invoking Section 173 of the Motor Vehicles Act, 1988. 3. Respondent No.1 herein is the claimant before the learned MACT and Respondent No.2 is the owner of the vehicle involved in the accident and the appellant is the insurer. Claim for awarding compensation of Rs.3,00,000/- made was partly allowed granting a compensation of Rs.1,85,000/- with interest at the rate of 7.5% per annum. The appellant is disputing both quantum and liability. 4. For the sake of convenience, the parties will be hereinafter referred to, as and how they are arrayed before the learned MACT. MACMA No.999 of 2017 2 Case of claimant in brief: 5. Claimant is engaged in business, aged about 60 years earning Rs.250/- per day. On 26.06.2013 when she was proceeding from her house situated at 7th cross road, ZP