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2012 Supreme(AP) 546

R.KANTHA RAO
Oriental Insurance Company Limited represented by its Divisional Manager – Appellant
Versus
Muchinthala Bharathamma – Respondent


Advocates Appeared:
For the Appellant:Smt. S.A.V. Ratnam, Advocate.
For the Respondents:R1 to R5, K.V. Chalapathi Rao, Advocate.

Judgment :-

This appeal is filed against the order dated 14.08.2003 passed by the Motor Accidents Claims Tribunal (II Additional District Judge), Kurnool in M.V.O.P.No.296 of 2002.

2. Heard Smt. S.A.V. Ratnam, learned counsel appearing for the appellant-Insurance Company and Sri K.V. Chalapathi Rao, learned counsel appearing for respondents No.1 to 5.

3. The award passed by the Tribunal below is assailed by the appellant-Insurance Company on the grounds that the claimants failed to establish the identity of the vehicle involved in the accident and despite the said fact, the learned Tribunal gave its finding that the accident was due to rash and negligent driving of the Tempo Trax AP.21C. 7803 and also that the compensation granted by the Tribunal below is on higher side which requires to be reduced in this appeal.

4. The learned counsel appearing for the Insurance Company contended that in the First Information Report the number of the vehicle or the description of the vehicle was not furnished and at a subsequent point of time, the petitioners in collusion with the owner and the driver of the Vehicle bearing No. A.P.21C. 7803 planted the said vehicle for the purpose of claiming com













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