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2023 Supreme(AP) 1068

T. MALLIKARJUNA RAO
United India Insurance Co. Ltd. – Appellant
Versus
R. L. Narasaiah @ R. L. Narasaiah Chowdary S/o Lingam Naidu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Challa Srinivasa Reddy.
For the Respondent: T.C. Krishnan.

JUDGMENT :

T. MALLIKARJUNA RAO, J.

1. Challenging the award and decree dated 24.07.2013 in M.V.O.P. No. 333 of 2008 passed by the Chairman, Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Tirupati, (for short “the tribunal”) the second respondent, M/s. United India Insurance Company Limited, Divisional Manager, Tirupati, Chittoor District, has preferred the appeal, vide M.A.C.M.A. No. 125 of 2014, questioning the liability fastened on it. On the other hand, the claimants have preferred the appeal, vide M.A.C.M.A. No. 565 of 2022, seeking enhancement of compensation.

2. For convenience, the parties will hereinafter be referred to as arrayed in the M.V.O.P.

3. The claimants had filed an application under Section 166 (1) (c) of the Motor Vehicles Act, 1989, claiming compensation of Rs.20,00,000/- on account of the death of R. Hema Kumar (hereinafter referred to as “the deceased”) in a motor vehicle accident that occurred on 13.04.2008.

4. The claimant’s case is that on 13.04.2008 at 10.45 a.m., the deceased was a rider of the two-wheeler bearing R. No. TN 20 AF 9383 and his friend, Jyothi, as a pillion rider, were proceeding from Uthukottai to Kalki Bhagavan Ashramam near

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