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2023 Supreme(AP) 50

T. MALLIKARJUNA RAO
Ohnkali Nagabushanam – Appellant
Versus
Ayubkhan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : KARRI MURALI KRISHNA
For the Respondent: A MALATHI

JUDGMENT :

1. Aggrieved by the order dated 09.01.2005 in M.V.O.P. No.169 of 2003 passed by the Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, Kadapa (for short “the tribunal”), the claimants preferred this appeal not being satisfied with the quantum of 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 166 of the Motor Vehicles Act, 1988 (short 'MV Act’) claiming compensation of Rs.8,00,000/-for the death of Ohankali Lakshmi Devi @ Lakshmi, who is the daughter-in-law of the claimants. The said Ohankali Lakshmi Devi will hereinafter be referred to as “the deceased”.

4. The claimant's case is that on 28.08.2002 at about 06.00 AM, the deceased and her husband and daughter were travelling in an Ambassador car bearing No. AP-09-J-6426 belonging to respondent No.3, which is insured with Respondent No.4 to attend to the marriage of their relative. When the said car was passing on the extreme left side of the road at Ramarajupalli on NH-7 road, suddenly a lorry bearing No.KA-03-A-5200 (hereinafter referred to as 'the offending vehicle') bel

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