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2023 Supreme(AP) 172

T. MALLIKARJUNA RAO
Garimella Venkata Subramanya Sharma – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A. Veeraswamy.
For the Respondent: Venna Hemanth Kumar.

JUDGMENT :

T. MALLIKARJUNA RAO, J.

1. Aggrieved by the order dated 05.09.2011 in M.V.O.P. No. 274 of 2008 passed by the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, West Godavari, Eluru, the claimants in the M.V.O.P. No. 274 of 2008 filed M.A.C.M.A. No. 760 of 2012, whereas the 1st respondent-Union of India Rep. by its General Manager, South Central Railway, Secunderabad, has filed M.A.C.M.A. No. 794 of 2012. As both appeals arise out of the orders passed in M.V.O.P. No. 274 of 2008, both appeals are disposed of by common Judgment.

2. For the sake of convenience, hereinafter, the parties will be referred to as per their rankings in the M.V.O.P. as claimants and respondents.

3. The claimants have filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming a compensation amount of Rs. 5,05,000/- for the death of Garimella Gayathri (hereinafter be referred to as ‘the deceased’) in a rail-cum-motor vehicle accident.

4. The entire material on record shows that the following facts are either admitted or not in dispute. The relationship

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