B. V. L. N. CHAKRAVARTHI
NATIONAL INSURANCE COMPANY LIMITED – Appellant
Versus
SHAIK MASTAN VALI – Respondent
JUDGMENT :
B.V.L.N. CHAKRAVARTHI, J.
Heard Smt. Anuradha, learned counsel representing on behalf of Smt. S..A.V.Ratnam, learned counsel for the appellant/Insurance Company and Sri B.Parameswara Rao, learned counsel for the respondent No.1/claimant.
2. This appeal directed by the appellant/respondent No.2/Insurance Company challenging the Order and Decree dated 31.12.2007 passed in M.V.O.P.No.1159 of 2005 passed by the Chairman-cum-District Judge, Motor Accidents Claims Tribunal, Guntur (hereinafter referred to ‘Tribunal’).
3. Parties are referred to as they were arrayed in the proceedings before the learned Tribunal, for the sake of convenience.
4. The case of the claimant is that on 13.10.2005 around 4.30 PM he along with one J.Rambabu Naik were returning on a cycle from their employer and when they reached Chandravanka bridge of Macherla town, one tractor and Trailor bearing registration Nos.AP7W 1438 and AP7W 1439 driven by the respondent No.1 in a high speed and in rash and negligent manner coming from Macherla towards Guntur side, dashed their cycle and the wheels of the Trailor ran over their legs; as a result, the claimant and the person who accompanied the claimant, fell down an
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