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2023 Supreme(AP) 845

V. GOPALA KRISHNA RAO
National Insurance Company Ltd. – Appellant
Versus
Kurrapothula Subbarayudu – Respondent


Advocates Appeared:
For the Petitioner: A. Jayanthi.
For the Respondent: B.S. Reddy.

JUDGMENT :

The appellant is 2nd respondent/Insurance company and the respondents are claim petitioners and respondent Nos.1, 3 and 4 in M.V.O.P.No.568 of 2011 on the file of the Motor Accident Claims Tribunal-cum-III Additional District Judge (Fast Track Court), Rajampet. 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 petitioners filed the petition under Section 163-A of the Motor Vehicles Act, 1988 claiming compensation of Rs.5,00,000/- for the death of Kurrapothula Eswaramma in a motor vehicle accident that took place on 26.07.2007.

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

On 26.07.2007 the deceased along with others was proceeding on an auto rickshaw bearing registration No.AP 04V 9232 to go to Rly.Kodur and when the auto reached near Mathamma temple near Mangampet on Kodur-Rajampet road, the driver of the auto tried to overtake a tipper going ahead of it. At that time, a lorry bearing registration No.HR 64A 1207 being driven by its driver in a rash and neglige

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