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2023 Supreme(AP) 1039

DUPPALA VENKATA RAMANA
National Insurnace Co Ltd. , rep. by Divl. Manager, Siri Complex, Kakinada – Appellant
Versus
Chitturi Bhogeswara Rao S/o. Musalayya – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Kiran Kumar Baligamsetti
For the Respondent: G Padmavathi Srinivas

JUDGMENT :

This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “the Act”) has been filed by the appellant/Insurance Company challenging the judgment and award dated 09.11.2010 delivered by the Motor Accidents Claims Tribunal-cum-VII Additional District Judge (FTC), East Godavari, Kakinada in M.V.O.P.No.183 of 2007 granting compensation of a sum of Rs.85,000/- along with interest @ 7.5% per annum from the date of the claim petition till the date of realization to the petitioner on account of injuries sustained by him in a road traffic accident while he was proceeding towards Mandapeta from Jonnada on 11.07.2006.

2. For the sake of convenience, the parties are referred to as they are arrayed before the Motor Accidents Claims Tribunal (hereinafter referred to as “the Tribunal’).

3. The factual matrix of the case is thus:

    (a) A 50-year-old person namely, Chitturi Bhogeswara Rao(petitioner/claimant) was a coolie in a brick kiln at the time of the accident and used to earn Rs.3,000/- per month by doing brickwork. On 11.07.2006 at about 6.00 a.m., while he was proceeding to his workplace and when he reached near ‘S’ turning on foot, the driver of the goods auto bearing No

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