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K.LAKSHMAN
Azmeer Srinu – Appellant
Versus
Dharavath Shankar Ors – Respondent
JUDGMENT
K. Lakshman, J. - Assailing the award and decree dated 23.05.2006 in M.A.T.O.P. No.1360 of 1998 passed by the Motor Accidents Claims Tribunal - cum - III - Additional District Judge (Fast Track Court), Khammam (for short 'the Tribunal'), appellant filed the present appeal.
2. Vide the aforesaid award, the Tribunal has awarded an amount of Rs. 37,200/- towards compensation with proportionate costs and interest at 7.5% per annum thereon from the date of petition till the date of realization against respondent Nos.1 to 3 jointly and severally as against the claim of Rs. 1,00,000/- (Rupees one lakh only) made by the appellant for the injuries he sustained in a road accident occurred on 08.02.1997.
3. Heard Ms. T. Neelima Reddy, learned counsel representing Mr. A. Surya Narayana, learned counsel for the appellant - petitioner and Mr. S. Agastya Sharma, learned counsel for respondent No.3 - Insurer.
4. It is relevant to note, the appeal against respondent No.2, owner of the vehicle, was dismissed for default by this Court as per order dated 05.07.2016. Despite service of notice on respondent No.1, driver of the vehicle, none appeared on his behalf.
5. According to the appellant,
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
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.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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