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2014 Supreme(AP) 1274

B.SIVA SANKARA RAO
Bajaj Allianz General Insurance Company Limited – Appellant
Versus
Gande Manohar – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: T. Mahender Rao
For Respondents/Defendant: K. Venkata Ram Reddy

Judgment

B. Siva Sankara Rao, J.

1. The Bajaj Allianz General Insurance Company Limited (2nd respondent) insurer of the bike of the 1st respondent-insured to the claim petition filed this appeal having been aggrieved by the order/award of the learned Family Court-cum-Additional District Judge, Mahabubnagar (for short 'the tribunal') in O.P. No. 612 of 2008 dated 18.04.2011, awarding compensation of Rs. 2,60,000/- as against the claim of Rs. 4,00,000/-. The claim petition was filed by the parents of the deceased-Sravan Kumar under Section 163-A of the Motor Vehicles Act (in brief 'the Act'). In the appeal, the claimants are shown as respondent Nos. 1 and 2 and the owner of the bike as 3rd respondent.

2. The parties hereinafter are referred to as arrayed before the Tribunal for the sake of convenience in the appeal.

3. The facts in brief are that the deceased-G. Sravan Kumar, unmarried, aged 20 years as per Ex. A3-Post Mortem report (son of the claimants-G. Manohar and Laxmi aged between 40 and 45 years), is no other than one of the two pillion riders of the Hero Honda motor cycle bearing No. AP 28 AU 1683 belongs to the 1st respondent-A. Kishore Kumar Goud. On 19.08.2007 while the rider











































































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