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2010 Supreme(AP) 1371

NOUSHAD ALI, N.V.RAMANA
Setty Chandra Sekhar – Appellant
Versus
Mohd. Ghouse – Respondent


Advocates Appeared:
For the Appellant : K.L.N. Rao
For the Respondent: Kota Subba Rao

JUDGMENT :

N.V. RAMANA, J.

1. This M.A.C.M.A. is directed against the award dated 7.7.2005, passed by the learned First Additional District Judge-cum-Chairman, Motor Accidents Claims Tribunal at Mahabubnagar (for short 'the Tribunal') in O.P. No. 246 of 2001.

2. The appellants are the claimants. They filed the O.P. u/s 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs. 15,00,000/- for the death of their son, Setty Audithya, in a motor accident that occurred on 6.3.2001 due to rash and negligent driving of the driver of the auto bearing registration No. AP 22-U 268. The said auto is owned by respondent No. 1 and insured with the respondent No. 2.

3. The respondent No. 1 has remained ex parte. The respondent No. 2 insurance company filed counter denying the allegations regarding the accident and quantum of compensation claimed.

4. Before the Tribunal, on behalf of the appellants, the appellant No. 1 himself was examined as PW 1 and also examined PW 2, apart from marking Exhs. Al to A21. On behalf of the respondent No. 2, insurance company, none were examined, but Exh. B1, certificate of insurance, was marked.

5. The Tribunal, after taking into consideration the material placed















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