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2022 Supreme(AP) 678

T. MALLIKARJUNA RAO
Personal Incharge, ICICI Lombard General – Appellant
Versus
Rallapalli Kullayappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SYED ABDUL KHADAR
For the Respondent: INENI VENKATA PRASAD

JUDGMENT :

1. This MACMA is preferred by the person Incharge ICICI Lombard General Insurance Company Limited, who is arrayed as 2nd respondent in MVOP.No.693 of 2009 on the file of Chairman, Motor Accidents Claims Tribunal-Cum-III Additional District Judge (Fast Track Court), Anantapur questioning the order dt.30.04.2012 awarding compensation amount of Rs.36,000/- with proportionate costs to the claimant.

2. For convenience's sake, hereinafter, the parties will be referred to as they were arrayed in MVOP.No.693 of 2009.

3. The claimant filed the claim petition under Sections 140 and 166 of MV Act and Rule 455 of Motor Vehicle Rules, 1989, claiming a compensation amount of Rs.1,00,000/- together with interest and costs for the injuries sustained by the petitioner in a road accident. According to the petitioner, on 13.11.2008, he travelled in a 407 van bearing No.AP-03-V-5279 (hereinafter referred to as an offending vehicle) as Hamali, along with others, after loading Papaya fruits into the vehicle. When they reached Manella cross at about 04.00 PM, the offending vehicle's driver drove it rashly and negligently lost control of it; he applied sudden breaks. Due to this offending vehicle

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