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2023 Supreme(AP) 244

T MALLIKARJUNA RAO
Shaik Ameenabee – Appellant
Versus
Pushadapu Koteswara Rao – Respondent


Advocates:
Advocate Appeared:
For the Appellant : NUTHALAPATI KRISHNA MURTHY
For the Respondent: SRINIVASA RAO VUTLA

JUDGMENT :

1. Aggrieved by the order dated 13.12.2005 in M.V.O.P. No.842 of 2000 passed by the Chairman, Motor Accidents Claims Tribunal- cum-VI Additional District Judge (F.T.C.), Markapur (for short “the tribunal”), the claimants preferred this appeal not fastening the liability on the insurance company and also not being satisfied with the quantum of compensation awarded by the Tribunal.

2. For convenience's sake, the parties will hereinafter be referred to as arrayed in the M.V.O.P.

3. It is a petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short ‘M.V.Act’) claiming compensation for Rs.4,00,000/- for the death of Shaik Mahaboob Pera (hereinafter referred to as 'deceased').

4. It is not in dispute that the deceased is the husband of the first claimant, the father of claimants 2 to 4.

5. The claimant's case is that on 26.04.1998 at about 02.00 PM, the deceased and some others stayed at the Devarajugattu bus stop to go to Markapur. At that time, the lorry bearing No.AP12T5095 (hereinafter referred to as 'offending vehicle') stopped there. All the persons, incl

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