U.DURGA PRASAD RAO,J. - (1.) Aggrieved by the Award dated 24.09.2010 in O.P.No.324 of 2009 passed by the Chairman, MACT -cum -IX Additional District and Sessions Judge, Kamareddy (for short 'the Tribunal'), both claimants and Insurance Company preferred M.A.C.M.A.No.2004 of 2010 and M.A.C.M.A. No.2580 of 2015 respectively.
(2.) The factual matrix of the case is thus: (a) The claimants are husband and son of deceased-Errolla Pedda Rajavva. Their case is that on 20.12.1999, the deceased while travelling in auto bearing No.AP 25 T 6946 from Baswapur to Sangameshwar and when the said auto reached the limits of Kachapoor, the driver drove the auto at high speed and in a rash and negligent manner and lost control and thereby the vehicle dashed against the road side stone and turned turtle resulting in instant death of Rajavva and injuries to others. It is averred that the auto driver was responsible for the accident. On these averments, the claimants filed O.P.No.324 of 2009 under Section 166 and 163A of Motor Vehicles Act, 1988 (for short "M.V Act") against respondent Nos.1 and 2, who are the owner and insurer of the offending auto and claimed Rs.8,00,000/- as compensation. (b) R.1 remained ex parte. (c) R.2/Insurance Company filed counter and opposed the claim petition denying the material allegations and urged to put the claimants in strict proof of the same. R2 denied the age, avocation and income of the deceased. It contended that there was no fault on the part of driver of the auto and he had no valid and effective driving licence at the time of accident. It further contended that compensation claimed was excessive and exorbitant and thus prayed to dismiss the O.P. (d) During trial, PWs.1 and 2 were examined and Exs.A1 to A4 were marked on behalf of claimants. RW1 was examined and Exs.B1 to B8 were marked on behalf of respondents. (e) On appreciation of both oral and documentary evidence, the Tribunal awarded total compensation of Rs.2,98,000/- with costs and interest at 7.5% p.a. against respondent Nos. 1 and 2 as follows: JUDGEMENT_356_LAWS(ALL)8_2016.html Hence the appeals: (1) MACMA No.2004 of 2010 by the claimants and 2) MACMA No.2580 of 2015 by the Insurance Company.
(3.) The parties in both the appeals are referred as they arrayed before the Lower Tribunal.;