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2023 Supreme(AP) 1115

T. MALLIKARJUNA RAO
United India Insurance Company Ltd. – Appellant
Versus
J. Chandra Sekaran, S/o. R. Jagannadha Pillai – Respondent


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

JUDGMENT :

1. Challenging the award and decree dated 24.07.2013 in M.V.O.P.No.334 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.124 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.566 of 2017, 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.9,50,000/- on account of the death of C. Jyothi (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 Jyothi, a pillion rider and his friend, R. Hema Kumar as a rider of the two-wheeler bearing R.No.TN 20 AF 9383, were proceeding from Uthukottai to Kalki Bhagavan Ashramam near Varadaiahpalem. When t

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