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B. V. L. N. CHAKRAVARTHI
Kondraju Francies – Appellant
Versus
Gopalam Lokabhi Ramaiah – Respondent
JUDGMENT
1. Heard Sri B.Parameswara Rao, learned counsel for appellants/claimants and Sri T.Sri Charan, learned counsel for 1st respondent and Sri G.Srinivasu, learned counsel for the 2nd respondent/Insurance Company.
2. The appeal is directed by the claimant against the judgment and decree dated 20.07.2010 passed in M.V.O.P.No.135/2009 on the file of Motor Accidents Claims Tribunal-cum-VIII Addl.District Judge, Guntur.
3. For the sake of convenience, the parties are arrayed as parties before the learned Tribunal.
4. The appellant/claimant is the injured in the motor accident. He filed claim petition U/s.163-A of Motor Vehicles Act, 1988 claiming compensation of Rs.2,00,000/- for the personal injuries sustained by him in motor vehicle accident.
5. The case of the claimant is that on 29.04.2008 at about 10.30 p.m. he along with Dasari Charles Bobby (deceased) boarded an auto bearing No. AP 07Y 2169 (offending vehicle) to go to Guntur; they reached a place near Crane Nut Powder Company at Potturu village; the driver of auto drove the vehicle in a rash and negligent manner, dashed dead buffaloes; as a result, the auto turned turtle, the claimant sustained grievous injuries; the claimant wa
The main legal point established in the judgment is the entitlement of the claimant to compensation under the head loss of amenities on account of permanent disability, and the application of the pay....
The main legal point established in the judgment is the application of the principle of 'pay and recovery' in directing the Insurance Company to pay the compensation amount to the claimants first and....
The main legal point established in the judgment is the determination of just compensation under the Motor Vehicles Act, considering the nature of injuries and disability, and the liability of the In....
Insurance companies may be required to pay compensation even if the deceased was an unauthorized passenger, with the right to recover from the vehicle owner, reflecting the benevolent intent of the M....
The main legal point established in the judgment is the application of the principle of pay and recovery, and the adjustment of the compensation amount based on legal principles established by the Ho....
Amendment to Motor Vehicles Act, 1988 mandates insurers to cover liabilities for owners of goods traveling in goods vehicles, ensuring entitled compensation for injuries sustained.
The principle of "pay and recovery" can be applied to gratuitous passengers in motor vehicle accident cases, where the claimant is not in a position to realize the difference from the owner of the ve....
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