DUBAGUNTA SUBRAHMANYAM, J.

( 1 ) THIS appeal is filed against the award dated 21. 7. 2000 in M. V. O. P. No. 200 of 1997 on the file of Motor Accidents Claims tribunal-cum-II additional District Judge, guntur. The insurance company filed this appeal.

( 2 ) ON 26. 11. 1996 deceased S. Yesupadam was bringing napa slabs to his village suddapalli in a tractor-trailer AP 7-V 2344 and ADM 5461 belonging to the respondent no. 1. He was sitting on the load of napa slabs. On the way the tractor met with an accident, deceased fell down from the tractor, sustained grievous injuries, he was taken to a hospital and while undergoing treatment in the hospital, he succumbed to the injuries on 4. 2. 1997. His wife, children and mother filed claim application seeking a total compensation of Rs. 5,50,000. The owner of the tractor-trailer insured the vehicles with appellant insurance company. According to the claimants the accident took place due to rash and negligent driving of the tractor by its driver. The owner of the vehicle filed a counter denying all the averments in the claim application. He also pleaded that the deceased never engaged his vehicle to carry napa slabs. The insurance company fil

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