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1996 Supreme(AP) 1071

B.K.SOMASEKHARA
Branch Manager, National Insurance Co. Ltd. – Appellant
Versus
Bhumani Venkatamma – Respondent


B. K. SOMASEKHARA, J.

( 1 ) THESE appeals arise out of the awards of the Motor Accident Claims tribunal, Ongole in OP. Nos. 154/88, 155/88, 167/88, 153/88 in regard to a motor vehicle accident that occurred on 17-3-1988. All are death claim cases filed under Section 110-A of the M. V. Act, 1939 (for short, the Act ). The claimants are the legal heirs of the deceased persons respectively viz. , Pedda pothanna, Katte Ankulu, B. Lakshmaiah and Pedda Petanna. The lorry bearing no. ABG 4219 was involved in the accident. The lorry belonged to the 1st respondent and insured with the 2nd respondent under a policy of insurance, the certified copy of which is Ex. B-1. Ex. B-2 is the copy of the permit in regard to the vehicle involved in the accident. The Tribunal held that the accident was due to the rash and negligent driving of the lorry by its driver and that the 1st respondent was liable to pay the compensation and at the same (time) held that the 2nd respondent being the insurer is also liable to indemnify the 1st respondent in paying the compensation. The Tribunal fixed joint and several liability on the part of the respondents. Aggrieved by that the 2nd respondent/insurer has filed th












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