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2023 Supreme(AP) 295

T. MALLIKARJUNA RAO
Paidi Chandrasekhar – Appellant
Versus
S. Murasha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: D. Kodandarami Reddy
For the Respondent: K.S.N. Murthy

JUDGMENT :

1. Aggrieved by the order and decree dated 14.09.2006 in M.V.O.P. No.237 of 2004 passed by the Chairman, Motor Accidents Claims Tribunal-cum-VII Additional District Judge, Madanapalle (for short, "the tribunal"), the claimant has preferred this appeal for enhancement of the compensation.

2. For convenience, the parties herein will be referred to as per their rankings in the M.V.O.P.

3. The claimant filed a petition under Section 166 (1) of the Motor Vehicles Act, 1988, for compensation of Rs.4,00,000/- on account of the injuries sustained in a motor vehicle accident that occurred on 13.02.2004.

4. The claimant's case is that on 13.02.2004, at about 10.45AM, the petitioner as a pillion rider of the motorcycle bearing No.KA05EP4621 was proceeding on from ANgallu – Kadari road and at that time the lorry bearing No.AP A 1809 (hereinafter as referred to as the "offending vehicle"), in a rash and negligent manner and at high speed without blowing the horn, dashed the claimant's motorcycle. The claimant fell on the road and sustained injuries. Immediately, he was taken to the Government Hospital, Madanapalle, obtained treatment there and was shifted to CMC Hospital, Vellore and too

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