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2023 Supreme(AP) 181

T. MALLIKARJUNA RAO
Tangirala Bala Tripura Sundari – 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. 275 of 2008 passed by the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, West Godavari, Eluru, the claimant in the M.V.O.P. No. 275 of 2008 filed M.A.C.M.A. No. 731 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. 808 of 2012. As both appeals arise out of the orders passed in M.V.O.P. No. 275 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. 9,05,000/- for the death of Tangirala Venkata Kanaka Durga (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 re

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