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2012 Supreme(AP) 1278

B.CHANDRA KUMAR
New India Assurance Co. Ltd. , Visakhapatnam – Appellant
Versus
Munagada Chinni Kumari – Respondent


Advocates Appeared:
Naresh Byrapaneni, Counsel for the Appellant
K.L.N. Rao, Counsel for the Respondent No. 1

JUDGMENT

This appeal is filed by the Insurance Company aggrieved by the award dated 9.3.2010 in MVOP No. 1643 of 2006 on the file of the Court of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Visakhapatnam.

2. The brief facts of the case are as follows :

On 23.5.2006, the minor claimant, by name Munagada Chinni Kumari, a student, along with her relatives, boarded an auto bearing No. AP 31Y 926 at Ratnalapalem Village to proceed towards Narsipatnam. When the auto reached Narsipatnam, the driver of the said auto drove it in a rash and negligent manner at high speed. Consequently, the auto turned turtle at R & B Bungalow and due to the impact, the claimant sustained injury and one child died on the spot. On a report lodged with regard to the accident, the Police Kotauratla registered a case in Crime No. 20 of 2006 under Sections 304-A, 338 and 337 IPC and after completing the investigation filed charge-sheet against the driver of the auto. The auto was also subjected to examination by the Motor Vehicle inspector (MVI), who endorsed against the column 'particulars of licence' as 'no driving licence' to the driver of the auto.

3. Before the Tribunal, on behalf of the















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