T. MALLIKARJUNA RAO
Mokkapati Sujatha – Appellant
Versus
Penugonda Rama Subbareddy – Respondent
JUDGMENT :
1. Aggrieved by the order dated 21.08.2012 in M.V.O.P. No.742 of 2011 passed by the Chairman, Motor Accidents Claims Tribunal – cum –District Judge, Guntur, (for short “the Tribunal”), the appellant/claimant preferred this appeal questioning the dismissal of claim petition.
2. For the sake of brevity, the parties are referred to as per their array before the Tribunal.
3. The claimant has filed an application under Section 163-A of the Motor Vehicles Act, 1988 (short “M.V.Act”) for compensation of Rs.4,00,000/-on account of the death of her son Mokkapati Satish (hereinafter will be referred to as 'the deceased'), in a motor vehicle accident that occurred on 26.04.2011.
4. The factual matrix of the claimant’s case is that 26.04.2011 at about 10.00 PM, while the deceased was proceeding in his Auto bearing No.AP7 TW 3043 from Vinukonda to go to his village Chilakaluripet. When he reached Purushothapatnam, a lorry bearing No, AP-7-T 5985 (hereinafter will be referred to as 'the offending vehicle') driven by its driver rashly and negligently without observing traffic rules stopped the offending vehicle on the road. Consequently, the auto driver hit the offending vehicle from the b
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