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2006 Supreme(AP) 509

L.NARASIMHA REDDY
United India Insurance Co. Ltd. – Appellant
Versus
Boya Siva Kumar – Respondent


JUDGMENT

The 1st respondent filed M.V.O.P. No.931 of 2002 before the IV Additional District Judge-cum-Motor Accidents Claims Tribunal, Kurnool, claiming a sum of Rs.50,000/- as compensation, for the injuries sustained by him, in a road accident. It was pleaded that on 8-5-2002 at 1 0.00 a.m., the 1st respondent and his cousin were returning to their house from the fields, at Valkur village, and a vehicle bearing No.TN-02-F-4736 came in a rash and negligent manner from Mantralayam side and dashed against him. The vehicle is owned by the 2nd respondent and insured with the appellant. The 1st respondent narrated the nature of injuries as well as treatment received by him. The owner of the vehicle, the 2nd respondent, remained ex parte. The appellant pleaded that though a policy was taken for the vehicle in question, it became inoperative, because of the reason that the cheque, issued by the 2nd respondent for payment of the premium, was dishonoured. It was further alleged that there was no rashness or negligence on the part of the driver of the vehicle.

2. On a consideration of the material before it, the Tribunal awarded a sum of Rs.19,000/- as compensation, with interest at 9% per ann










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