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2023 Supreme(AP) 733

V. GOPALA KRISHNA RAO
Bharathi AXA General Insurance Co. Ltd. – Appellant
Versus
Chinthalapudi Rama Krishna Chari – Respondent


Advocates Appeared:
For the Petitioner: Gudi Srinivasu.
For the Respondent: Naresh Byrapaneni.

JUDGMENT :

The appellant is 2nd respondent/Insurance company and the respondents are claim petitioner and 1st respondent in M.V.O.P.No.321 of 2010 on the file of the Chairman, Motor Accident Claims Tribunal-cum-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 application.

3. The claim petitioner filed the petition under Section 163-A of the Motor Vehicles Act, 1988 claiming compensation of Rs.1,00,000/- for the injuries sustained by him in a road accident that took place on 17.02.2010.

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

On 17.02.2010 at about 6.30 p.m. the driver of the lorry bearing registration No.AP 16TU 1881 parked it on the road near Vittamrajupalli village, Vinukonda Mandal, Guntur District, in negligent manner without keeping parking lights. When the petitioner and three others were travelling on a motor cycle bearing registration No.AP 07 AG 5763 and the person, who was riding the motor cycle, did not observe the stationed lorry and hit the same from behin

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