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B. V. L. N. CHAKRAVARTHI
Akula Durga, W/o. Late Durgarao @ Durga – Appellant
Versus
M. Veera Bhaskara Rao, S/o. Rajarao – Respondent
JUDGMENT :
B.V.L.N.Chakravarthi, J.
This appeal is preferred by the Appellants/claimants, challenging the award dated 02.12.2015 passed in M.V.O.P.No.9/2014 on the file of Motor Accidents Claims Tribunal-cum-Prl.District Judge, East Godavari District at Rajahmundry, wherein the Tribunal while allowing the petition against the 1st respondent/driver and 2nd respondent/owner only, awarded compensation of Rs.8,73,000/-with interest @ 8% p.a. from the date of petition, till the date of realisation to the petitioners/claimants, for the death of Akula Durga Rao @ Durga in a motor vehicle accident.
2. For the sake of convenience, the parties are arrayed as parties in the lower Court.
3. As seen from the record, originally the petitioners filed an application U/s.166 of MOTOR VEHICLES ACT , 1988 (for brevity “the Act”) claiming compensation of Rs.7,00,000/-on account of the death of Akula Durga Rao @ Durga, who is the husband of the 1st petitioner, and son of petitioners No.2 and 3, in a motor vehicle accident that occurred on 04.04.2013.
4. The facts show that on 04.04.2013 at about 09.30 p.m., while the deceased Akula Durga Rao @ Durga along with others were travelling in a tractor and traile
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Point of Law : Insurance Company was directed to pay compensation even for gratuitous passenger considering circumstances of this case under the “Doctrine of Pay and Recover” from the driver and owne....
The main legal point established in the judgment is the determination of liability to pay compensation under the Motor Vehicles Act, emphasizing the need for the Insurance Company to prove the violat....
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