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2013 Supreme(AP) 1065

U.DURGA PRASAD RAO
National Insurance Co. Ltd. , Rep. by its Br. Manager – Appellant
Versus
Saheb @ Gadivan Saheb – Respondent


Advocates Appeared:
For the Appellant:Kota Subba Rao, Advocate.
For the Respondents:R1, L. Dayakar Reddy, Advocate.

Judgment :

Challenging the compensation awarded in O.P.No.1730 of 2002 by the Motor Accident Claims Tribunal–cum–I Additional District Judge, Nizamabad (for short, 'the Tribunal') as excessive, the National Insurance Company Limited filed the instant M.A.C.M.A.

2. The factual matrix of the case is thus:

a) The 1st respondent in this appeal is the claimant before the Tribunal. On 23-12-2001 at about 6.30 p.m. while he was travelling in an auto bearing No.AP 25 T 475 along with some others from Nizamabad to Arsapally and when their auto reached Omkar Rice Mill at about 6.30 p.m., one Tata Sumo bearing No. AP 09 R 4665 came in opposite direction being driven by its driver at high speed and in a rash and negligent manner and dashed the auto and caused the accident. In the resultant accident, the claimant suffered fracture to his right leg apart from other injuries. Immediately, he was shifted to Government Headquarter's Hospital, Nizamabad, where operation was performed and his right leg above knee was amputated. After discharge, the claimant pleaded, he took treatment in some other private hospitals by incurring medical expenditure of Rs.3,00,000/-. His further case was that prior to acc























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