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2019 Supreme(Telangana) 231

T.AMARNATH GOUD
P. Jayapal Reddy – Appellant
Versus
Balusupati Amarnadh – Respondent


Advocates Appeared:
For the Appellant :C. Mohan Prakash, Advocate
For the Respondents:G.V.S. Mehar Kumar, A. Rama Krishna Reddy, Advocates

JUDGMENT :

1. This appeal is filed challenging the Order and Decree dated 04.02.2013 passed in M.V.O.P.No.664 of 2009 by the Motor Accidents Claims Tribunal (Special Sessions Judge for Trial of Cases Under S.C/S.T (POA) Act-cum-Additional District Judge) at Khammam (for short, the Tribunal).

2. For the sake of convenience, the parties are referred to as they are arrayed in MVOP.No.664 of 2009.

3. The brief facts of the case are that on 09.10.2008, the petitioner, along with his son, was going towards Marlapadu on cycle, and when he reached near Sai Baba Temple of Marlapadu, the driver of proclainer bearing No.AP24N 4352 drove the same in a rash and negligent manner and dashed the cycle. In the said accident, the petitioner fell in proclainer tub and sustained injuries to his forehead and the blade of the proclainer cut the right leg of the petitioner. During the treatment, the right leg of the petitioner was amputated. He filed aforesaid MVOP against respondent Nos.1 to 3, driver, owner and insurer of the proclainer, respectively, seeking compensation of Rs. 10,00,00/- for the injuries sustained by him in the said accident.

4. Before the Tribunal, respondent No.1 remained ex parte. Res

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