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2023 Supreme(AP) 398

T. MALLIKARJUNA RAO
Sesham Guravamma – Appellant
Versus
Dondapati Nageshwara Rao – Respondent


Advocates:
Advocate Appeared:
For the Appellant : NUTHALAPATI KRISHNA MURTHY
For the Respondent: NIMMAGADDA SATYANARAYANA, M V RAJA RAAM

JUDGMENT :

1. Aggrieved by the order dated 02.11.2007 in M.V.O.P. No.457 of 2004 passed by the Chairman, Motor Accidents Claims Tribunal-cum-V Additional District Judge, (Fast Track Court), Ongole(for short "the tribunal"), the claimants preferred this appeal questioning the correctness and the compensation awarded by the Tribunal.

2. For convenience's sake, the parties will hereinafter be referred to as arrayed in the M.V.O.P.

3. It is a claim petition filed under Section 163-A of the Motor Vehicles Act, 1988 (for short ‘M.V.Act’) claiming compensation of Rs.3,92,000/-on account of the death of Sesham Rosaiah (hereinafter referred to as 'the deceased') in the motor vehicle accident that occurred on 06.03.2004.

4. The claimant's case is that on 06.03.2004, the deceased and some others boarded the goods Auto bearing No. A.P. 27 V 2629, and when the Auto came near Aravapallipadu at about 04.30 AM, the Auto bearing No.AP07 X 5370, which came in the opposite direction, dashed against the Auto where the deceased travelled. As a result, the deceased and another died in the accident.

5. Th

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