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2024 Supreme(AP) 105

A. V. RAVINDRA BABU
Bajaj Allianz General Insurance Company Limited Rep. – Appellant
Versus
B. Yella Subbaiah And Another S/o. B. Seshanna – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: T V Sri Devi
For the Respondent: Murali Lincoln

JUDGMENT :

Challenge in this M.A.C.M.A. is to the award, dated 08.07.2011 in M.V.O.P.1075 of 2007, on the file of IV-Additional District Judge-cum-Motor Accidents Claims Tribunal, Kurnool, (“Tribunal” for short) where under, the Tribunal in a motor vehicle accidents claim, as against the original claim of Rs.1,00,000/- for the injuries sustained by the claimant, granted compensation of Rs.47,000/- payable by the respondent Nos.1 and 2.

2. The parties to this M.A.C.M.A will hereinafter be referred to as described before the Tribunal for the sake of convenience.

3. The case of the claimant in the M.V.O.P.No.1075 of 2007 according to the petition averments, in brief, is that:

    (i) The claimant is aged about 24 years. He was hale and healthy at the time of the accident. He was working as a Hamali on the tractor and trailer bearing No.AP-21-V-2907 and AP-21-V-2908 (hereinafter will be referred to as “offending vehicle”). On 21.03.2006 in the afternoon, the petitioner along with few hamalies were proceeding in the offending vehicle as its hamalies from Orvakal village to Veldurthy for uploading the stones. The driver of the tractor and trailer i.e., the offending vehicle drove the same with h

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