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2009 Supreme(AP) 916

R.KANTHA RAO
Senior Divisional Manager The New India Assurance Company – Appellant
Versus
Surya Pratap Singh – Respondent


Advocates Appeared:
for the Appellant: Mr Kota Subba Rao
for the Respondents 1 & 2: Mr Venkata Raghu Ramulu

JUDGMENT:-

1. This appeal arises out of the Award and decree dated 07.04.2000 passed by the Motor Vehicles Accidents Claims Tribunal-cum-IV Additional Chief Judge, City Civil Court, Hyderabad, in O.P.No.115 of 1996.


2. The New India Assurance Company Limited, who was the second respondent before the Tribunal is the appellant herein. The deceased Sanjay Singh is the son of the respondents 1 and 2. He was aged 16 years on the date of accident and was studying in Class IX in Grammar School, Hyderabad. On 01.04.1995 at about 11.45 a.m. while he was proceeding on a Luna moped bearing No. AP 9 3973 driven by his sister as a pillion rider, knocked down by a jeep bearing No. AEU 9646 near the Traffic Police Station. He received severe injuries and succumbed to the said injuries while he was being shifted to the hospital. All these facts are not in dispute. The issue that the accident occurred due to rash and negligent driving of the driver of the jeep bearing No. AEU 9646 had attained finality and this being an appeal wherein the challenge is only to the quantum of compensation, the other facts in relation to the occurrence of the accident need not be gone into in detail.


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