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2010 Supreme(AP) 517

V.ESWARAIAH
United India Insurance Company Limited – Appellant
Versus
G. Mallaiah – Respondent


Advocates appeared:
For the Petitioner:V. Sambasiva Rao, Advocate.
For the Respondents:R2 to R6, C. Pratap Reddy, Advocate.

Judgment

The appellant is the insurance company. Respondents 2 to 6 herein are the claimants. The 1st respondent is the owner of the Tractor and Trailor bearing Nos.AP-23-T-4119 and 4120.

The claimants filed O.P.No.513 of 2005 on the file of the Chairman, Motor Vehicles Accidents Claims Tribunal-cum-Principal District Judge, Medak at Sangareddy (for short “the Tribunal”), claiming compensation of Rs.10,00,000/- for the death of one Patlolla Narsimha Reddy, who is husband of the 1st claimant, father of claimants 2 and 3 and the son of claimants 4 and 5.

The Tribunal by its order, dated 22-03-2007, in O.P.No.513 of 2005 awarded compensation of Rs.5,74,000/- along with interest at 7.5% per annum from the date of petition till realisation. Aggrieved thereby, the present appeal is filed by the Insurance Company.

The parties herein are referred to as they are arrayed before the Tribunal.

It is the case of the claimants that on 02-04-2005 at about 10.45 p.m. while the deceased and his brother were returning from Ordnance Factory to their village Pothireddipally on Hero Honda Splendour Motorcycle bearing No.AP-23-E-6530 on correct side, and when they reached in the limits of Kashipur Villa




























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