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2010 Supreme(AP) 616

NOUSHAD ALI
Bajaj Allianz General Insurance Company Limited, rep. by its Branch Manager – Appellant
Versus
Yenni Surya Rao – Respondent


Advocates appeared:
For the Appellant:A. Ramakrishna Reddy, Advocate.
For the Respondents:A. Rama Rao, Advocate.

Judgment

This is an appeal filed by the Insurance Company challenging the award in M.V.O.P.No.504 of 2006 dated 12-01-2009 on the file of the District Judge-cum-Motor Accidents Claims Tribunal, Srikakulam to the extent the award fastening the liability on it.

2. The first respondent is the Claimant in O.P.No.504 of 2006 and the second respondent (owner of the offending vehicle – motorcycle No.AP 30 E 3915).

3. On 04-06-2006 the first respondent herein (Claimant in O.P.) was proceeding on his scooter bearing No.AP 31 M 4116 from the Government Hospital, Srikakulam. A motorcycle bearing registration No. AP 30 E 3915 belonging to the second respondent herein driven by one Yarabati Chandrasekhara Rao came in the opposite direction and dashed against the scooter. On account of the said incident, the Claimant sustained multiple injuries and the scooter was also badly damaged. He, therefore, filed the O.P. and sought for a compensation of a sum of Rs.3,00,000/-. The second respondent (owner of the vehicle) remained ex parte. The appellant – Insurance Company contested the claim mainly on the ground that the driver of the offending motorcycle did not have the required licence to drive mot

































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