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2024 Supreme(Online)(TEL) 4288

HIGH COURT OF TELANGANA
SAMBASIVARAO NAIDU, J
THE RELIANCE GENERAL INSURANCE CO LTD. KARIMNAGAR – Appellant
Versus
EDLA NARASAIAH KARIMNAGAR DIST AND 3 OTHERS – Respondent


JUDGMENT :

This Motor Accident Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellant – Insurance Company aggrieved by the Order, dated 13.09.2013, passed in M.V.O.P.No.49 of 2010 on the file of the Chairman, Motor Vehicle Accident Claims Tribunal-cum-District Judge, Karimnagar. The said M.V.O.P. was filed by respondent Nos.1 and 2 herein, who are the petitioner Nos.1 and 2 therein for compensation of Rs.8,00,000/- and the same was allowed by the Tribunal by granting an amount of Rs.8,00,000/- with costs @

7.5% interest per annum.

2. The 3rd respondent in the above referred M.V.O.P.No.49 of 2010 had filed this appeal and sought for setting aside the order, dated 13.09.2013, passed in M.V.O.P.No.49 of 2010 on the following grounds:

i) The Tribunal committed an error by awarding an amount of Rs.8,00,000/- with costs by fastening the liability against the present appellant and other respondents. The Tribunal failed to appreciate that there was no such accident and the respondents/petitioner Nos.1 and 2 filed a false petition for wrongful gain.

ii) The Tribunal also failed to appreciate that though there is an averment in the petition t

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