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2013 Supreme(AP) 1004

B.SIVA SANKARA RAO
New India Assurance Co. Ltd. , Kurnool – Appellant
Versus
Katika Giridhar Rao – Respondent


Advocates:
Advocate Appeared
C.V. Rajeeva Reddy, Counsel for the Appellant;
Murali Lincoln, Counsel for the Respondent No.1.

JUDGMENT

The New India Assurance Company Limited-appellant filed this appeal, having been aggrieved by the order/award of the learned Chairman of the Motor Accident Claims Tribunal-cum-Principal District Judge, Kurnool (for short, 'Tribunal'), in MVOP No.46 of 2003 dated 19.10.2004, awarding compensation of Rs.l,00,000/- (Rupees one lakh only) as against the claim of the 1st respondent of Rs.2,00,000/- (Rupees two lakhs only), in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act').

2. Heard Sri C.V. Rajeeva Reddy, learned Standing Counsel for the appellant and Sri M. Murali Lincoln, learned Counsel for the 1st respondent. The 2nd respondent, who was served with notice, is called absent with no representation and thus taken as heard the 2nd respondent for the absence to decide on merits and perused the record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

3. The contentions in the grounds of appeal in nutshell are that the trial Court erred in fastening the liability on the insurance company despite the fact that the driver was not having valid driving licence to drive the tracto
















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