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T. MALLIKARJUNA RAO
National Insurance Company Limited – Appellant
Versus
Bopparaju Malakondaiah – Respondent
JUDGMENT :
1. Aggrieved by the order dated 16.11.2011 in M.V.O.P. No.96 of 2011 passed by the Chairman, Motor Accidents Claims Tribunalcum-V Additional District Judge (F.T.C.), Ongole, the 3rd respondent-The National Insurance Company Ltd., represented by its Divisional Manager, Dharavarithota, Ongole, has filed this appeal questioning the quantum of compensation.
2. For the sake of convenience, hereinafter the parties will be referred to as per their rankings in the M.V.O.P. as claimants and respondents.
3. The claimants have filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming a compensation amount of Rs.4,00,000/-for the death of their son Bopparaju Madhu Babu in a motor vehicle accident that occurred on 11.01.2011. The said Bopparaju Madhu Babu will hereinafter be referred to as 'the deceased. The claimant's case is that on 11.01.2011 at about 11.00 a.m., the deceased and his cousin Sai Kumar were cycling from Jolly to Throvagunta and returning to Ongole, and when they reached Market Yard on the NH-5 road, a tractor and trailer bearing No. A.P. 27 AB 5671 and 5671 (hereinafter referred to as 'the offending vehicle) with a load of sand coming from t
Amount of deduction for personal expenses of deceased would also be as per settled legal provision namely one third.
The insurance company is liable to pay compensation to the deceased's family if the accident is caused by the negligence of the driver of the insured vehicle.
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