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2025 Supreme(Online)(Tel) 54555

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA
Magma HDI General Insurance Co. Ltd – Appellant
Versus
Baddapuri Kanthaiah – Respondent


HONOURABLE SMT. JUSTICE TIRUMALA DEVI EADA

JUDGMENT:

This appeal is filed by the Insurance Company aggrieved by the Order and Decree dated 12.12.2019 in M.V.O.P.No.11 of 2018 passed by the Chariman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, (FTC), Mancherial (for short “the trial Court”).

2. For convenience and clarity, the parties herein are referred to as they were arrayed before the Tribunal.

3. The case of the petitioner before the Tribunal is that on 04.10.2016 the deceased was proceeding to Luxettipet on his motorcycle bearing No.TS-01ED-2573 and when he reached near Itikyaal bus stop, at around 7:30 p.m., the Bolero Vehicle bearing No.TS-07ED-8771 was driven by its driver in a rash and negligent manner and dashed the deceased, as a result of which he fell down, sustained head injury and died on the spot. The petitioner sought Rs.40,00,000/- towards compensation. 4) The respondent No.1 remained ex-parte.

5) The respondent No.2 and 3 filed counter denying the averments of the petition with regard to the occurrence of the accident, age, avocation and income of the deceased. Respondent No.2 being the owner of the vehicle has submitted that since his vehicle

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