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1991 Supreme(AP) 431

D.JAGANNADHA RAJU, UPENDRA LAL WAGHRAY
United India Insurance Co. Ltd – Appellant
Versus
Shaik Saibaqtulla – Respondent


D. J. JAGANNADHA RAJU, J.

( 1 ) THIS appeal is filed by the third respondent, the Insurance Company, in M. O. P. No. 14 of 1984 on the file of the First Additional District Judge-cum-Motor Accidents Claims Tribunal, Visakhapatnam. In an accident that took place on 17-7-1983 at about 8-30 p. m. near C. R. Reddy Square, Waltair, Uplands, the petitioner in the O. P. was injured as result of which he received several injuries and a total dislocation of the left hip-joint. He claimed a compensation of Rs. 3,40,000. 00. The Tribunal, after considering the entire case, awarded Rs. 3,30,000. 00 as compensation with interest at 12% per annum from the date of the application with a direction that, Rs. 7,500. 00 paid as interim compensation should be deducted from the amount payable. Aggrieved by the same, the Insurance Company filed the present appeal.

( 2 ) IN this appeal Sri S. Hanumaiah, the learned counsel appearing for appellant-respondent No. 3, contends that the Tribunal committed a mistake in awarding Rupees 3,30,000/- out of Rs. 3,40,000. 00 claimed. The Tribunal proceeded on the assumption that the permanent disability is 100%, while, in fact, the medical evidence shows that it is












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