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2024 Supreme(AP) 96

B. V. L. N. CHAKRAVARTHI
New India Assurance Insurance Company Limited – Appellant
Versus
Jangala Munuswamy Nagamma @ J. M. Nagamma W/o Late Munuswamy Hindu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Maheswara Rao Kuncheam
For the Respondents: N.V. Anantha Krishna

JUDGMENT :

Heard Sri K. Maheswara Rao, learned counsel for the appellant/respondent No.3/Insurance Company. None appeared for the respondents.

2. This appeal directed by the appellant/respondent No.3/Insurance Company challenging the Order and Decree dated 12.08.2011 passed in M.V.O.P.No.880 of 2006 by the Motor Accidents Claims Tribunal-cum-XII Additional District Judge (Fast Track Court), Vijayawada (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 claimant filed the petition under Section 166 of the Motor Vehicles Act, 1988 (for brevity ‘the Act’) claiming compensation of Rs.2,00,000/- for the death of one Jangala Gopala Krishna @ Gopi (hereinafter referred to as ‘deceased’) in a motor vehicle accident occurred on 28.02.2006 at about 9.00 PM.

5. The case of the claimant is that on 28.02.2006 at about 9.00 PM the respondent No.2/driver of the lorry bearing registration No.AP16 TU 2546 (hereinafter referred to as ‘offending vehicle’) drove the same in a rash and negligent manner and dashed the deceased at Nidamanuru; as a result, the deceased sustained grievous injuri

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