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2001 Supreme(AP) 1018

C.Y.SOMAYAJULU
Manager, National Insurance Co. Ltd. – Appellant
Versus
Koya Ratnam – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) RESPONDENT Nos. 1 to 6 filed O. P. No. 336 of 1988 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Eluru, alleging that on 12. 2. 1988 at about 8 a. m. mini van bearing registration No. AEW 5472 belonging to the respondent No. 8, being driven in a rash and negligent manner by the respondent No. 7 and insured with the appellant, dashed against K. Ramanjaneyulu (the deceased) resulting in his death. Respondent nos. 1 to 4 are the widow and children and respondent Nos. 5 and 6 are the parents of the deceased, who was aged about 33 years and was contributing Rs. 24,600 per year and claimed Rs. 1,00,000 from respondent nos. 7, 8 and the appellant.

( 2 ) RESPONDENT No. 8 filed his counter contending that the van was being driven by K. Sriram Murthy, who has a valid driving licence, but not the respondent No. 7 at the time of the accident and so the compensation, if any has to be paid by the insurer, i. e. , the appellant. The respondent no. 7 adopted the counter of respondent no. 8.

( 3 ) THE appellant filed a counter contending that since the respondent No. 7, who has no valid driving licence, was driving the van at the time of the accid










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