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2023 Supreme(AP) 163

T. MALLIKARJUNA RAO
Vemula Penchaiah Died – Appellant
Versus
Venkata Subbareddy – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K Venugopal Reddy
For the Respondent: A Malathi

JUDGMENT:

1. Aggrieved by the judgment and decree dated 29.09.2012 in M.V.O.P. No.541 of 2011 passed by the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge (Fast Track Court), Kadapa at Rajampet (for short, "the tribunal"), whereby the tribunal dismissed the claim petition, the claimants have preferred the present appeal.

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

3. The claimants have filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs. 4,00,000/- on account of the death of their son, Vemula Lakshumaiah, in a road accident that occurred on 10.12.2009. Vemula Lakshmaiah will be referred to as "the deceased."

4. The claimants' case is that on 10.12.2009, the deceased and friends left their village, Ramakrishnapuram, in Sidhout Mandal of Kadapa District on a two-wheeler bearing No. AP 04 L 2496. After finishing their work in Kadapa, they were all returning by motorcycle to their village. One Srinivasulu was riding the motorcycle, whereas Venkatasubbaiah

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