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V. GOPALA KRISHNA RAO
Malle Savithramma – Appellant
Versus
B. Suryanarayana – Respondent
JUDGMENT :
The appellants are the Claimants in M.V.O.P.No.491 of 2009 on the file of the Motor Accident Claims Tribunal-cum-III Additional District and Sessions Judge (FTC), Anantapur and the respondents are the respondents in the said case.
2. For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the claim application.
3. The claimants filed a Claim Petition under sections 140 and 163-A of Motor Vehicles Act, 1988 and Rule 455 of A.P. Motor Vehicle Rules 1989 against the respondents praying the Tribunal to award an amount of Rs.4,00,000/- towards compensation on account of death of deceased M.Shankar Reddy in a Motor Vehicle Accident occurred on 30.05.2009.
4. The brief averments of the petition are as follows :
On 30.05.2009 at about 6.00 a.m. when the deceased was proceeding along with milk can in the auto from his village to Anantapur and when the auto reached near Alamuru Kotha quarters, the driver of auto was proceeding slowly on extreme left side of the road, at that time, the driver of tractor and trailer bearing Nos.AP 02G 3922 and 3923 drove the same in a rash an negligent manner and dashed against the auto, resulting which the
Under Section 163-A of Motor Vehicles Act, the involvement of the vehicle in a Motor Vehicle Accident is sufficient to claim compensation, and the claimants need not prove the rashness or negligence ....
The court clarified the application of Sections 163-A and 166 of the M.V. Act in compensation claims, emphasizing the importance of accurate evidence and appropriate multipliers.
The joint and several liability of the insured and the insurer under the Motor Vehicles Act for compensation in case of accidents.
The main legal point established in the judgment is the application of Section 163-A of the Motor Vehicles Act, 1988, which allows for compensation without the need to prove rash and negligent drivin....
Compensation under Section 163-A of the MV Act is granted without needing to prove negligence, focusing on providing immediate relief to claimants with a capped income limit.
The compensation awarded to the claimants for the death of their husband and father should be based on the income of the deceased as per the Minimum Wages Act, 1948, and the multiplier of 17' should ....
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