T. MALLIKARJUNA RAO
National Insurance Company Limited – Appellant
Versus
Garlapati Ranga Raoors – Respondent
JUDGMENT :
1. Aggrieved by the order and decree dated 03.07.2006 in M.V.O.P. No. 661 of 2005 passed by the Chairman, Motor Accidents Claims Tribunal-cum-District Judge, West Godavari District (for short, "the Tribunal"), the third respondent, National Insurance Company Limited, represented by its Divisional Manager, Eluru, preferred the present appeal seeking dismissal of the M.V.O.P.
2. The parties will hereinafter be referred to as arrayed in the M.V.O.P.
3. The claimant has filed a claim petition under Section 166 of the Motor Vehicles Act read with Rule 455 of the Motor Vehicle Rules as per Act (Amended) 54 of 1994, seeking compensation of Rs. 2,50,000/- for the injuries sustained by him in a motor vehicle accident that occurred on 02.06.2004.
4. The claimant's case is that on 02.06.2004 at about 10.00 AM, while he was proceeding on his T.V.S. scooter from Velleru village to Hanuman junction to get cool drink bottles, and when he reached a burial ground, an auto bearing No.A.P. 16 X 7427 (for short, "the offending vehicle") driven by its driver, i.e., the first respondent, in a rash and negligent manner and at high speed without blowing its horn, dashed the claimant. As a result, t
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