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2004 Supreme(AP) 475

C.Y.SOMAYAJULU
United India Insurance Co. Ltd – Appellant
Versus
Dandugula Bheem Bai @ Bheemakka – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) THIS appeal is preferred by 2nd and 3rd respondents in O. P. No. 255 of 1995 on the file of the Motor Accidents Claims Tribunal-cum-Additional District Judge, Adilabad, filed by respondents 1 to 8 seeking the compensation of Rs. 3,00,000/- from the 9th respondent and appellants who are the driver, insurer and owner respectively of the lorry bearing No. AHH-2201 which caused an accident resulting in the death of nagappa, husband of 1 st respondent and father of respondents 2 to 6 and son of respondents 7 and 8 allegedly due to the rash and negligent driving of the 9th respondent. The claimants examined two witnesses on their behalf as P. Ws. 1 and 2, including the 1st respondent as P. W. 1 and marked Exs. A-1 to A-7. 9th respondent and 2nd appellant chose to remain ex parte before the Tribunal. First appellant who filed a counter putting respondents 1 to 8 to proof of the allegations in the petition did not adduce evidence either oral or documentary. The Tribunal having held that the accident occurred due to the rash and negligent driving of the 9th respondent, awarded rs. 1,90,0007- as compensation to respondents 1 to 8. Aggrieved by the compensation award














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