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2004 Supreme(AP) 531

C.Y.SOMAYAJULU
APSRTC, Hyd – Appellant
Versus
Lakshmi Kumari – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) FIRST respondent filed a claim petition seeking compensation of rs. 8,18,000/- for the injuries sustained by her in an accident caused by the bus bearing no. TCB-7000 belonging to the second respondent and insured with the fourth respondent and hired to the appellant, allegedly due to the rash and negligent driving of the said bus by the third respondent and examined herself as PW1 and six others witnesses as PWs. 2 to 7 and got marked Exs. A1 to A44. The Tribunal having held that the accident occurred due to rash and negligent driving of the third respondent, passed an award for rs. 2,71,810/-, in favour of the first respondent against the third respondent and appellant only, and exonerated the second and fourth respondents from liability. Aggrieved by the said award exonerating the fourth respondent-insurer from its liability, this appeal is preferred by the hirer of the bus.

( 2 ) THE point for consideration is : whether fourth respondent (insurer) is liable to pay the compensation payable to the first respondent ?

( 3 ) THE contention of the learned counsel for the appellant is that in view of the ratio in Depot Manager, APSRTC, miryalaguda, Nalgonda Di






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