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G. SHYAM PRASAD
Bajaj Allianze General Insurance Company Limited – Appellant
Versus
Harijana Somakka W/o Late Harijana Yerriswamy – Respondent
ORDER :
1. This Civil Miscellaneous Appeal arises out of the Award and decree dated 09.07.2009 passed in MVOP No. 499 of 2007 on the file of the Motor Vehicle Accidents Claims Tribunal-cum-V Additional District Judge (FTC) Ananthapur (for short “the tribunal”).
2. Brief facts of the case are that the appellant is the 2nd respondent in M.V.O.P. against whom, the respondents 1 and 2 herein, have filed a claim petition before the tribunal, under Section 166 of MOTOR VEHICLES ACT , claiming compensation of Rs.4,00,000/- on account of the death of the deceased in a road accident that occurred on 28.05.2006 at about 10.00 a.m., near Kalvapalli village. When the said auto reached near Kalavappali village then the driver of the auto drove the vehicle in a rash and negligent manner. Due to the impact the auto turned turtle on the road side. As a result of which the deceased Yerriswamy received grievous injury on his head. Immediately he was shifted to Government General Hospital, Anantapur, but on the way he died. On information, the police registered a case in Crime No. 32 of 2006 under Section 304-A IPC against the driver of the Auto bearing No. AP 02 U 9928 belongs to the 1st respondent.
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The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
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