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2023 Supreme(AP) 762

V. GOPALA KRISHNA RAO
New India Assurance Co Ltd. , Kadapa – Appellant
Versus
Yerrapalli Rose Mary Kalavathi, Anantapur Dist – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Naresh Byrapaneni
For the Respondent: M Solomon Raju

JUDGMENT :

The appellant is 2nd respondent/Insurance company and the respondents are petitioners and respondent No.1 in M.V.O.P.No.503 of 2011 on the file of the Chairman, Motor Accident Claims Tribunal-cum-IV Additional District Judge, Kadapa. The appellant filed the present 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 claim petitioners filed the petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.16,00,000/- for the death of S. D. Babji, who is husband of 1st petitioner and father of petitioner Nos.2 & 3, in a motor vehicle accident that took place on 26.07.2006.

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

On 26.07.2006 at about 9.00 p.m. when the deceased was crossing a road in front of the office of Biotechnology Research Centre, Karakambadi road, Tirupati, a motor cycle bearing registration No.AP 04K 2103 of the 1st respondent came from Karakambadi side in a rash and negligent manner and dashed the deceased, as a result, the deceased sustained severe injurie

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