T. MALLIKARJUNA RAO
United India Insurance Co Ltd – Appellant
Versus
Chinna Lavuka Nagaraju – Respondent
JUDGMENT :
1. Aggrieved by the order dated 29.09.2011 in MVOP No.645 of 2008 passed by the Chairman, Motor Accidents Claims Tribunal - cum – VI Additional District Judge, Kurnool (for short 'the Tribunal'), the 2nd respondent-United India Insurance Company Limited, Kurnool, has preferred this appeal questioning the Tribunal’s Award.
2. The parties will be referred to as arrayed in the MVOP for convenience.
3. The claimant had applied to Section 166 of the Motor Vehicles Act, claiming compensation of Rs.2,00,000/- for the injuries and disability sustained by him in a motor vehicle accident that occurred on 20.04.2008.
4. The claimant’s case is that on 20.04.2008, the claimant and other hamalies were proceeding in the tractor-trolley bearing No.AP-21- N-3479 and 3480 (herein referred to as 'the offending vehicle') from the quarry with a load of slabs for unloading and after it reached Maddilety Swamy Temple at about 2.00 PM, the offending vehicle's driver drove it at high speed with rash and negligent manner. He lost control over the offending vehicle, as a result of which, it turned turtle by leaving the road on the left side, due to which the claimant sustained grievous injuries to his
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