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2008 Supreme(AP) 167

T.CH.SURYA RAO
National Insurance Company Limited, rep. by its Divisional Manager, Ongole – Appellant
Versus
Parital Venkateswarlu – Respondent


Advocates appeared
Counsel for Appellant: Mr. T. Mahender Rao
Counsel for Respondent No.1: Mr. S. Narendranadh Reddy
Counsel for Respondent No.2: None

JUDGMENT:

The insurer is the appellant, which seeks to assail the award, dated 12- 12-2005, passed by the learned Motor Accidents Claims Tribunal-cum-V Additional District & Sessions Judge (Fast Track Court) Ongole in O.P.No.204 of 2003 on the premise that it has no liability to pay the compensation and at any rate the direction of the Tribunal that the appellant should pay in the first instance and recover the same later from the owner is not tenable and valid.

2. The first respondent herein is the injured claimant. He preferred the claim for compensation of Rs.2,00,000/- for the injuries suffered by him in the accident that allegedly occurred on 6/7-9-2002 at about midnight when he was sitting on the motorcycle bearing No.AP 27 F 6550 as a pillion rider, owned by the second respondent herein and insured with the appellant-insurer, being driven by his friend one Jangala Sudheer, at high speed and when the motorcycle reached Ramnagar 10th line, on account of a rikshaw cyclist coming across the road all of a sudden, which resulted in the accident by the motor cycle dashing against the rickshaw, due to which he fell down and sustained injur











































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