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2023 Supreme(AP) 246

T. MALLIKARJUNA RAO
National Insurance Company Ltd. – Appellant
Versus
Kunapalli Pullaiah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T.S. Rayalu.
For the Respondent: Dhanunjaya Reddy K.

JUDGMENT :

T. MALLIKARJUNA RAO, J.

1. Aggrieved by the order dated 01.10.2010 in MVOP No. 289 of 2009 passed by the Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, Kadapa (for short ‘the Tribunal’) the National Insurance Company Limited Rep. by its Divisional Manager, who is 2nd respondent in MVOP preferred this appeal questioning the award passed by the Tribunal.

2. The parties will be referred to as arrayed in the MVOP for convenience.

3. The claimant had filed a petition under section 166 of the Motor Vehicles Act, claiming compensation of Rs. 20,00,000/- for the injuries sustained by him in a motor vehicle accident that occurred on 18.12.2007 at 05.00 PM.

4. The claimant’s case is that on 18.12.2007 at 5.00 PM, he was proceeding on his motorcycle to RIMS Hospital, Kadapa. When he reached the vicinity of the provident fund office at Yerramukkapalli, Kadapa, the oil tanker of the 1st respondent bearing No. AP-03-U-2169 (hereinafter referred to as ‘the offending vehicle’) was driven from the opposite direction by its driver in a rash and negligent manner and dashed against the claimant’s motorcycle. Due to this, he sustained a compound fracture of the left leg b

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