HIGH COURT OF ANDHRA PRADESH
3369 - T MALLIKARJUNA RAO
THE NATIONAL INSURANCE COMPANY LTD. – Appellant
Versus
KOMARAVOLU SRINIVASA BARADWAJ AND ANOTHER – Respondent
JUDGMENT:
1. Aggrieved by the decree and order dated 16.05.2012 in MVOP No.549 of 2008 passed by the Chairman, Motor Accidents Claims Tribunal- cum- VIII Additional District and Sessions Judge (Fast Track Court) at Vijayawada (for short 'the Tribunal'), the National Insurance Company Limited rep. By its Divisional Manager, the 2nd respondent in MVOP preferred this appeal questioning the award passed by the Tribunal.
2. The parties will be referred to as arrayed in the MVOP for convenience.
3. The claimant had filed a petition under Sections 140 and 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.4,00,000/- for his injuries in a motor vehicle accident on 30.01.2008 at 18.30 hours.
4. The claimant’s case is that on 30.01.2008 at about 18.30 hours, while the claimant was going on his Bajaj CT 10 Bike bearing No. A.P. 16 AN 3775 from his home and reached Swagruha Foods, Bandar Road, Vijayawada, and going towards Pandit Nehru Bus Station, Vijayawada, the 1st respondent, who was the rider-cum-owner of Hero Honda CD-Deluxe bearing No. A.P. 16 BB 4637 (hereinafter be referred to as ‘offending vehicle’) rode the same rashly and negligently at high speed, without blowing the ho
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