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1999 Supreme(AP) 1088

ELIPE DHARMA RAO
Andhavarapu Kamaraju – Appellant
Versus
Thammineni Seetharam – Respondent


DHARMA RAO, J.

( 1 ) CIVIL Miscellaneous appeal Nos. 1528, 1581, 1529 and 1538 of 1997 were filed by the owner of the vehicle bearing No. APS 4237, the respondent No. 2 in the original petitions, bearing nos. 194, 161, 246 and 28 of 1991 respectively, involved in the accident assailing the finding of the learned Chairman (Addl. Distt. Judge), Motor Accidents Claims Tribunal, Srikakulam, fastening the liability of the decretal amount, excluding a sum of rs. 25,000 from the total compensation awarded by the Tribunal, ordered to be paid by the insurer, the appellant in Civil miscellaneous Appeal Nos. 1922, 2267, 1825 and 1974 of 1997 respectively, under section 140 of the Motor Vehicles Act, for the untimely death of the deceased persons, in a motor vehicle accident which occurred on 8. 12. 1990 at about 3. 30 p. m. when the deceased and others who were students, boarded the said lorry. The deceased persons travelled in the said lorry to attend the meeting at Visakhapatnam. After attending the meeting they boarded the same lorry to reach Srikakulam on the next day in the early hours, the respondent No. 1, driver of the said lorry drove it in a rash and negligent manner as a result of






















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