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2013 Supreme(AP) 1155

B.SIVA SANKARA RAO
New India Assurance Co. Ltd. , Visakhapatnam – Appellant
Versus
Basantha Mohanthy – Respondent


Advocates:
Advocate Appeared:
Naresh Byrapaneni, Counsel for the Appellant; G. Sai Narayana Rao, Counsel for the Respondent Nos. 1 to 4; P.N.A. Christian, Counsel for the Respondent No. 6.

Judgment

The 2nd respondent New India Assurance Company Limited filed this appeal, having been aggrieved by the Order/Award of the learned Chairman of the Motor Accidents Claims Tribunal-cum-I Additional District Judge, Visakhapatnam, (for short, 'Tribunal') in MVOP No. 758 of 2004, dated 11.3.2010, awarding compensation of Rs. 7,90,000/- (Rupees seven lakhs ninety thousand only) with interest at 7.5% per annum as against the claim of the claimant of Rs. 12,50,000/- (Rupees twelve lakhs fifty thousand only) in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act').

2. Heard Sri Naresh Byrapaneni, the learned Counsel for the appellant-2nd respondent, Sri G. Sai Narayana Rao, learned Counsel for respondents 1 to 4 and Sri P.N.A. Christian learned Counsel for the 6th respondent. Against the appeal 5th respondent notice served, but not appeared, thus taken up the appeal to decide on merits. Perused the material on record. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

3. The contentions of the insurer in the grounds of appeal as well as in course of hearing in nutshell are that the quant





























































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