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2022 Supreme(AP) 360

DUPPALA VENKATA RAMANA
The National Insurance Company Limited – Appellant
Versus
Ramavath Papa, W/o. Lalu Naik – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri S.A.V.Ratnam
For the Respondent: Sri B.Parameswara Rao

JUDGMENT :

1. The appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 (for short hereinafter referred to as “the Act”) challenging the Judgment and Award passed by the learned Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Guntur dt.04.05.2007 rendered in M.V.O.P.No.1231 of 2005 whereby the claimants have been awarded the compensation of Rs.1,79,000/- holding that all the opponents are jointly and severally liable to pay the same with running interest @ 7.5% per annum from the date of petition till the deposit of the amount, with proportionate costs of the petition.

2. For the sake of convenience, the parties are hereinafter referred to as they are arrayed before the Tribunal in the claim petition.

3. The brief case, as pleaded in the claim petition, is as follows:

(a) A 45-year-old Lalu Naik-deceased used to earn Rs.5,000/- per month by running a hotel at the time of the accident. On 21.10.2005 at about 10.30 a.m., the deceased-Lalu Naik was standing on the left side of the road margin near the market, Amaravati Village. At that time, the driver of the Auto bearing No.AP 7 TT 6433 owned by the Opponent No.1 in the claim petition and insured

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