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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R. Madhusudhan Rao, J
THE NEW INDIA ASSURANCE COMPANY LIMITED – Appellant
Versus
ANNEGANI UPENDER AND ANOTHER – Respondent
| Table of Content |
|---|
| 1. initial appeal filed under the mv act. (Para 1 , 2 , 3) |
| 2. accident details and claim petition filed for compensation. (Para 5 , 6) |
| 3. tribunal's findings and compensation awarded. (Para 9 , 10 , 11 , 12) |
| 4. issues framed for consideration regarding negligence and compensation. (Para 14 , 15 , 16) |
JUDGMENT :
1. This memorandum of Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicle Act , 1988 (for short, ‘the MV Act’) assailing the award passed by the Motor Accidents Claims Tribunal (III Additional District Judge) (Fast Track Court), Khammam in M.A.T.O.P.No.882 of 2005, dated 23.10.2008.
2. Appeal against respondent No.2 is dismissed vide docket order dated 08.12.2011.
3. Appellant is respondent No.2, respondent No.1 is the petitioner and respondent No.2 is the respondent No.1 before the Tribunal.
4.1 Respondent No.1 – petitioner has filed claim petition under Section 166 of MV Act claiming compensation of Rs.2,00,000/- with interest at the rate of 12% per annum from the date of accident till the date of realization for the injuries sustained by him in the accident.
4.2 On 09.04.2005 at about 08.00 p.m., respondent No.1 – petitioner loaded his Mi
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