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2004 Supreme(AP) 1086

C.Y.SOMAYAJULU
New India Assurance Co. Ltd. – Appellant
Versus
Are Poshanna @ Posalu – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) RESPONDENTS 1 to 4 filed a claim petition seeking compensation of Rs. 2,00,000/- from respondents 5 and 6 and the appellant who are the driver, owner and insurer of the tractor bearing No. API. T. 5337 alleging that when Srinivas (the deceased), who is son of respondents 1 and 2 and brother of respondents 3 and 4, was working in the fields of Muthyamreddy, fifth respondent, while driving the tractor, belonging to the sixth respondent and insured with the appellant; in a rash and negligent manner ran the tractor over the deceased resulting in his instantaneous death and since. the deceased was earning Rs. 1,500/- per month and was aged about 19 years at the time of his death, they are entitled to rs, 2,00,000/- as compensation from the respondents 5 and 6 and the appellant

( 2 ) RESPONDENTS 5 and 6 filed a counter contesting the claim contending that the accident occurred only due to the negligence of the deceased. Appellant also filed a counter contesting the claim mainly on the ground that it is not liable to pay any compensation, because the accident did not occur in a public place.

( 3 ) IN support of their case respondents 1 to 4 examined two witnesses





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