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2012 Supreme(AP) 689

R.KANTHA RAO
Bajaj Allianz General Insurance Co. Ltd. , Hyderabad – Appellant
Versus
Gaddam Swami Reddy – Respondent


Advocates Appeared:
T. Mahender Rao, Counsel for the Appellant
Mahboob Hussain, Counsel for the Respondent No. 1.

JUDGMENT

This appeal is filed by the United India Insurance Company Limited against the order dated 13.12.2010 passed in MVOP No. 184 of 2006 by the IV-Additional District Judge (Fast Track Court), Karimnagar.

2. I have heard the learned Counsel appearing for the appellant-Insurance Company and the learned Counsel appearing for the first respondent/claimant.

3. Briefly stated, the facts of the case are that on 19.12.2003 while the petitioner was returning from Godishalapeta Village from Karimnagar driving the car bearing No. AP-15-N-6463 dashed a tree on the road side on the outskirts of Theegalaguttapalli at about 10.30 p.m., he received severe injuries which include fractures and was hospitalized. He filed a claim petition under Section 163A of Motor Vehicles Act seeking compensation of Rs.3,00,000/-, against which the learned Tribunal awarded compensation of Rs.2,00,000/- with interest at 7.5% per annum holding that the 2nd respondent-owner of the vehicle and the appellant-Insurance Company are jointly and severally liable to pay compensation to the claimant.

4. The said award was challenged by the Insurance Company in the present appeal contending that the Insurance Company is not













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