New India Assurance Co. Ltd. vs Kommara Syamala

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(AP) 745

V. GOPALA KRISHNA RAO
New India Assurance Co. Ltd. – Appellant
Versus
Kommara Syamala – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Amancharla Satish Babu.
For the Respondent: Parimi Rama Rayudu.

JUDGMENT :

V. GOPALA KRISHNA RAO, J.

1. Aggrieved by the impugned decree and order passed in M.V.O.P.No. 760 of 2006, on the file of the Motor Vehicle Accident Claims Tribunal-cum-Principal District Judge, Rajahmundry, East Godavari District, whereby the Tribunal awarded an amount of Rs.3,34,154/- towards compensation, this instant appeal is preferred.

2. Both the parties in the appeal will be referred to as they are arrayed in claim application.

3. The aforesaid M.V.O.P.No. 760 of 2006 was filed by the claimants, under Section 166 of the Motor Vehicles Act, claiming an amount of Rs.9,00,000/- with interest at the rate of 12% per annum towards compensation for the death of Kommara Mohana Rao in a motor vehicle accident that occurred on 12.07.2006. 1st claimant is the wife, 2nd and 3rd claimants are the children and 4th claimant is the mother of the deceased.

4. The brief averments of the claim petition are as follows:

On 12.07.2006 while the deceased Kommara Mohana Rao started from Kovvur to Tallapudi on an Auto bearing No. AP 5V 8182 and at about 7:00 p.m. he reached near Chidipi sand ramp on Kovvur to Tallapudi Godavari bund road and then 1st respondent drove his Auto bearing registrat

Click Here to Read the rest of this document