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2023 Supreme(AP) 66

T. MALLIKARJUNA RAO
Botu Gowri Sankara Malleswararao – Appellant
Versus
Batha Giribabu – Respondent


Advocates Appeared:
For the Petitioner: G. Sai Narayana Rao.
For the Respondent: G. Chandra Shakhar Rao.

JUDGMENT :

1. Aggrieved by the order dated 29.08.2011 in MVOP No.414 of 2008 passed by the Chairman, Motor Accidents Claims Tribunal-cum-District Judge, Vizianagaram (for short ‘the Tribunal’), the claimant has preferred this appeal seeking enhancement of the compensation awarded by the Tribunal.

2. For convenience's sake, the parties will be referred to as arrayed in the MV OP.

3. The claimant has filed the petition under Sections 166 of the Motor Vehicles Act read with Rule 455 of Motor Vehicles Rules, 1989, to grant compensation of Rs.6,00,000/- for the injuries and disability sustained by him in a motor vehicle accident that occurred on 09.11.2007.

4. On 09.11.2007, the claimant, along with M. Narasimha Murthy, G. Kumaraswamy and M. Sridhar, engaged a Tata Sumo bearing No. AP 35 U 4969 and boarded the same at Parvathipuram to go to Sompeta to attend the function. The said Tata Sumo would hereinafter be referred to as 'the offending vehicle'. When the offending vehicle reached near matchbox factory roadside, Parvathipuram, at about 9.30 a.m., the vehicle dashed a tree. The offen

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