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2023 Supreme(AP) 711

V. GOPALA KRISHNA RAO
United India Insurance Company Limited, Vijayawada – Appellant
Versus
Vallabhalpuram Mariyamma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : NAGUMANTRI NAGESWARA RAO

JUDGMENT:

The appellant is 2nd respondent-Insurance company and the respondents are claimants and 1st respondent in M.V.O.P.No.268 of 2008 on the file of the Chairman, Motor Accident Claims Tribunal-cum-Additional District Judge, Guntur. The appellant filed the appeal questioning the legal validity of the order of the Tribunal.

2. For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the claim petition.

3. The claimants filed the petition under Section 163-A of the Motor Vehicles Act, 1988 claiming compensation of Rs.2,50,000/- for the death of Vallabhapuram Samadhanam, who is husband of 1st claimant, father of claimant Nos.2 & 3 and son of 4th claimant, in a motor vehicle accident which took place on 19.08.2007.

4. The brief averments in the petition filed by the claimants are as follows:

On 19.08.2007 the deceased hired an auto bearing registration No.AP 07X 929 at Tenali and purchased fertilizers and pesticides and got loaded the same into the said auto for transportation to his village and started at Tenali and when the auto reached near Autonagar bridge, Tenali, a lorry came in opposite direction. Then, the driver of the auto became

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