IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE JUSTICE B.R.MADHUSUDHAN RAO
CH SANDHYA RANI – Appellant
Versus
SHAIK FAIYZ – Respondent
JUDGMENT
1. This Memorandum of Motor Accident Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 (for short, ‘the MV Act’) assailing the order passed by the learned Motor Vehicles Accidents Claims Tribunal - cum – II Additional Chief Judge, City Civil Court at Hyderabad in MVOP.No.1425 of 2016 dated 28.04.2018.
2. Appellants are the petitioners and respondents are the respondents in MVOP.No.1425 of 2016.
3. Notice got issued to respondent No.1 in the appeal is served, but none appeared.
4. Learned counsel for the appellants – petitioners submits that the learned Tribunal has granted less compensation without appreciating the oral and documentary evidence, wrongly arrived at a conclusion that the deceased has contributed 25% and the driver of the lorry has contributed 75% and wrongly apportioned the compensation, wrongly assessed the evidence of PW1 with that of Exs.A1 to A5, erred in fixing 25% contributory negligence on the part of the deceased, failed to appreciate that the respondents failed to examine the driver or any other persons who are the best persons to speak about the manner in which the accident has taken place, wrongly came to a conclusi
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