MACMA/457/2013 of THE NATIONAL INSURANCE COMPANY LIMITED Vs SMT.NAGIREDDI RADHA DEVI AND 7 ORS on 29 December 2023

J U D G M E N T

HeardSri GudiSrinivasu,learned counselfor theappellant/InsuranceCompanyandSriN.SivaReddy,learnedSeniorcounselfortherespondentNos.lto4/claimants. None appeared for the other respondents.

2. This appealis directed by the appellant/InsuranceCompany,challengingthe judgmentanddecreedated30.08.2012 passedin M.V.O.P.No.47/2011before MotorCompany,challengingthe judgmentanddecreedated30.08.2012 passedin M.V.O.P.No.47/2011before MotorAccidentsClaimsTribunal-cum-DistrictJudge,Rajahmundry.Rajahmundry.

3. The parties are referred to as they were arrayed in[the]proceedings before the learned Tribunal,for the sakeofconvenience.proceedings before the learned Tribunal,for the sakeofconvenience.

4. The main contentionof the learned counsel fortheappellant/Insurance Company is that the learned Tribunalfailedto apportionatetheshareof compensationtobedeposited by the appellant/Insurance Company i.e.,[insurer]appellant/Insurance Company is that the learned Tribunalfailedto apportionatetheshareof compensationtobedeposited by the appellant/Insurance Company i.e.,[insurer]

of the tractor and 5th respondent/United India InsuranceCompany Limited i.e., insurer of the trailer, while fasteningliability jointly and severally onall the respondentsi.e.,respective owners/insured of the vehicles and insurers.

5. It is an admitted fact that the appellant is the insurerof the tractor. The 5th respondent/United India InsuranceCompany Limitedis the insurer of the trailer, whichwasattached to the tractor at the time of impugned accident.of the tractor. The 5th respondent/United India InsuranceCompany Limitedis the insurer of the trailer, whichwasattached to the tractor at the time of impugned accident.

6. ThelearnedTribunalheldthattheaccidentwasoccurred due to rash and negligence of the driver of[the]tractor and trailer. The learned Tribunal fastened liability topay compensation on the insured/owners of thetractor.trailer and also the respective insurers i.e., appellant[and]UnitedIndiaInsuranceCompanyLimitedjointlyandseverally.ButfailedtodirectrespectiveInsuranceCompaniesto deposit the compensation amount @ 50%each.occurred due to rash and negligence of the driver of[the]tractor and trailer. The learned Tribunal fastened liability topay compensation on the insured/owners of thetractor.trailer and also the respective insurers i.e., appellant[and]UnitedIndiaInsuranceCompanyLimitedjointlyandseverally.ButfailedtodirectrespectiveInsuranceCompaniesto deposit the compensation amount @ 50%each.

7. In those circumstances, the judgment and decree ofthe learned Tribunal be modified accordingly, directing[the]InsuranceCompaniesi.e.,theappellantinsurancethe learned Tribunal be modified accordingly, directing[the]InsuranceCompaniesi.e.,theappellantinsurance MACMA No.457 of 2013Date 29.12.2023

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company and United India Insurance Company Limited[to]deposit the compensation amount with accruedinterestthereon @ 50% each.

8. Intheresult,theappealispartlyallowed,bymodifyingthe judgmentanddecreedated30.08.2012passed in MVOP 47/2011 on thefile of Motor AccidentsClaims Tribunal-cum-District Judge, Rajahmundry, holdingthattheappellant/InsuranceCompanyandthe5th respondent/United India Insurance Company Limited[to]deposit the compensation amount of Rs.6,95,000/- (RupeesSix Lakhs and Ninety Five Thousand only) @ 50% each,along with interest @ 7.5% p.a. from the date of petition,tillthe date of deposit, within eight (08) weeks from the[date][ of]judgment.modifyingthe judgmentanddecreedated30.08.2012passed in MVOP 47/2011 on thefile of Motor AccidentsClaims Tribunal-cum-District Judge, Rajahmundry, holdingthattheappellant/InsuranceCompanyandthe5th respondent/United India Insurance Company Limited[to]deposit the compensation amount of Rs.6,95,000/- (RupeesSix Lakhs and Ninety Five Thousand only) @ 50% each,along with interest @ 7.5% p.a. from the date of petition,tillthe date of deposit, within eight (08) weeks from the[date][ of]judgment.

9. IntheeventoftheappellantandUnitedIndiaInsuranceCompanyLimitedalreadydepositedsomeamount,the said amount be excluded, and the balanceamount shall be deposited by the appellant and UnitedIndia Insurance Company Limited @ 50% each, within eight(08) weeksfrom thedateof judgment. Therest of theInsuranceCompanyLimitedalreadydepositedsomeamount,the said amount be excluded, and the balanceamount shall be deposited by the appellant and UnitedIndia Insurance Company Limited @ 50% each, within eight(08) weeksfrom thedateof judgment. Therest of the /

MACMA No.457of 2013Date 29.12.2023

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judgment and decree passed by the learned Tribunal shall remain intact. There shall be no order as to costs.

As a sequel, miscellaneous applications pending,if any, shall stand closed.

SD/- K. SRINIVASA RAJUassistA^^^ISTRAR'^"'SKTION OFFICER

//TRUE COPY//

District Judge at

To,1. The Chairman. Motor Accidents Claims Tribunal-cum-Rajahmundry(with records)rooi im1. The Chairman. Motor Accidents Claims Tribunal-cum-Rajahmundry(with records)rooi im2. OneCCtoSri Gudi Srinivasu, Advocate [OPUC]3. OneCCtoSri N. Siva Reddy, Advocate [OPUCl4. OneCCtoSri K Madhusudhan Reddy, Advocate[OPUC]Section, High Court of A.P. at High Court of A.P. at Court of A.P. at of A.P. at A.P. at at Amaaravati3. OneCCtoSri N. Siva Reddy, Advocate [OPUCl4. OneCCtoSri K Madhusudhan Reddy, Advocate[OPUC]Section, High Court of A.P. at High Court of A.P. at Court of A.P. at of A.P. at A.P. at at Amaaravati5. The Section Officer, V.R

Section, High Court of A.P. at High Court of A.P. at Court of A.P. at of A.P. at A.P. at at Amaaravati

6. Three CD Copies.

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HIGH COURT

DATED:29/12/2023

JUDGMENTMACMA.No.457 of 2013

PARTLY ALLOWING THE MACMA WITHOUT COSTS

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

FRIDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

M.A.C.M.A.No.457 OF 2013

Between:

TheNationalInsurance CompanyLimited,repbyitsBranchManager,0pp.Nagadevi Talkies, Rajahmundry(lnsurer of Tractor), Rajahmundry, East GodavariDistrict.

AND

...Petitioner

1. Smt.Nagireddi Radha Devi, W/o.late Satyanarayanarao, Hindu, Aged about 33years, R/o.9*" Ward, Rajagopala Street, Ramachandrapuram,[East][ Godavari]District.years, R/o.9*" Ward, Rajagopala Street, Ramachandrapuram,[East][ Godavari]District.

2. Smt. Nagireddi Swathi Neelanjali, D/o.late Satyanarayanarao, Hindu, aged about07 years, R/o.9' Ward, Rajagopala Street, Ramachandrapuram,[East][ Godavari]District.07 years, R/o.9' Ward, Rajagopala Street, Ramachandrapuram,[East][ Godavari]District.

3. Smt. Nagireddi Ramya Krishna, D/o.late Satyanarayanarao, Hindu, aged about05 years, R/o. 9*" Ward, Rajagopala Street, Ramachandrapuram,[East Godavari]District.05 years, R/o. 9*" Ward, Rajagopala Street, Ramachandrapuram,[East Godavari]District.

[Respondents No.2 and 3 bring minors rep by their mother-guardia[n]1StRespondent]Respondent]

4. Smt.Nagireddi Ramayyamma, D/o.late Satyanarayanarao, Hindu, aged about 67years, R/o.9Ward, Rajagopala Street, Ramachandrapuram,[East][ Godavari]District.years, R/o.9Ward, Rajagopala Street, Ramachandrapuram,[East][ Godavari]District.

5. G.Raghavulu, S/o.Musalayya, Hindu, aged about 40 years, R/o.D.No.23-4,Malkipuram Village, Driver of Tractor Bearing Regn[No.AP][ 37 U 9122 and](Tractor) and AP 37 V 5912(Trailor)Malkipuram Village, Driver of Tractor Bearing Regn[No.AP][ 37 U 9122 and](Tractor) and AP 37 V 5912(Trailor)

6. Some Pulla Rao, S/o.Seemayya, Hindu, aged about 48 years, R/o.D.No.3-21,Vedangi, Koduru Mandal, West Godavari District Owner of Tractor No AP 37 U9122.Vedangi, Koduru Mandal, West Godavari District Owner of Tractor No AP 37 U9122.

7. M.Udaya Bhaskara Rao, S/o. Srirama Murthy, Hindu, aged about 44 years,R/o.D.No.5-270, Gudapalli, Malkipuram Mandal, Owner of Trailer No AP 37 V592.R/o.D.No.5-270, Gudapalli, Malkipuram Mandal, Owner of Trailer No AP 37 V592.

...Respondents

Appeal under Section 173 of M.V. Act against the Judgment[and][ decree]madein M.V.O.P.No.47 of 2011, dated 30/08/2012 on thefile of the Court of theChairman, Motor Accidents Claims Tribunal-cum- District Judge at Rajahmundry.

This appeal coming on for hearing and upon perusing the grounds of appeal,the Judgment and Decree of the Lower Court and the material papers in the suitand upon hearing the arguments of Sri Gudi Srinivas, Advocate for the AppellantandN.SivaReddy,AdvocatefortheRespondentNos.1to4andSriK.Madhusudha Reddy for Respondent No.8.

This Court doth Order and decree as follows:

1. That the MAGMA be and hereby is partly allowed.

2. That the modifying the judgment and decree dated 30.08.2012 passedinM.V.O.P.47of 2011onthefileof Motor Accidents Claims Tribunal-cum-District Judge, Rajahmundry, holding that the appellant/lnsurance Companyand therespondent/United India Insurance Company Limited to depositedthe compensation amount of Rs.6,95,000/-(Rupees Six Lakhs and NinetyFive Thousands only) @ 50 % each, along with interest @ 7.5 % p.a. fromthe date of petition,till the date of deposit, within eight(08) weeks from thedate of judgment.M.V.O.P.47of 2011onthefileof Motor Accidents Claims Tribunal-cum-District Judge, Rajahmundry, holding that the appellant/lnsurance Companyand therespondent/United India Insurance Company Limited to depositedthe compensation amount of Rs.6,95,000/-(Rupees Six Lakhs and NinetyFive Thousands only) @ 50 % each, along with interest @ 7.5 % p.a. fromthe date of petition,till the date of deposit, within eight(08) weeks from thedate of judgment.

3. That the in the event of the appellant and United India Insurance CompanyLimited already deposited some amount, the said amount be excluded, andthe balance amount shall be deposited by the appellantandUnitedIndiaInsurance Company Limited @ 50% each, within eight(08)[weeks][ for][ the][ date]of judgment.Limited already deposited some amount, the said amount be excluded, andthe balance amount shall be deposited by the appellantandUnitedIndiaInsurance Company Limited @ 50% each, within eight(08)[weeks][ for][ the][ date]of judgment.

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4. That the rest of the Judgment and decree passed by the learned Tribunalshall remain intact.shall remain intact.

5. That there shall be no order as to costs in this MACMA.

SD/- K. SRINIVASA RAJUASSISTANT REGISTRAR/'\fSECTION OFFICERASSISTANT REGISTRAR/'\fSECTION OFFICER

//TRUE COPY//

To.

1. The Chairman, Motor Accidents Claims Tribunal-cum- District Judge atRajahmundry.Rajahmundry.

2. Three CD Copies.ssb

f''sHIGH COURT

DATED:29/12/2023

DECREEMACMA.No.457 of 2013

PARTLY ALLOWING THE MACMA WITHOUT COSTS