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1991 Supreme(AP) 430

D.JAGANNADHA RAJU, UPENDRA LAL WAGHRAY
United India Insurance Co. Ltd. – Appellant
Versus
Shaik Sibaqtulla – 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 a result of which he received several injuries and a total dislocation of the left hipjoint heclaimed a compensation of Rs. 3,40,000/ -. The Tribunal, after considering the entire case, awarded Rs. 3,30,000/- as compensation with interest at 12% per annum from the date of the application with a direction that Rs. 7,500/- 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 rs. 330,000/-out of Rs. 3,40,000/-claimed. Thetribunal proceeded on the assumption that the permanent disability is 100%, while, in fact, the medical evidence shows that it is only 65%. He al













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