VENKATARAMA REDDY, J.

( 1 ) IN an accident, the Lorry AAT 4446 which was proceeding on 23-9-1981 from Vijayawada to Madras on grand trunk road hit the stationary lorry, AAG 9998. In that accident the cleaner of the lorry AAT 4446 had received grievous injuries and died in the hospital on the next day. Alleging that the accident was due to rash and negligent driving of the driver, the wife and minor daughter filed O. P. No. 77 of 1983 against the Insurance company, the first respondent in the Original petition and against the owner of the vehicle, the second respondent in the Original Petition. In all the claimants preferred a claim for Rs. 50,000/- i. e. , consisting of rs. 45,000/- for the loss of earnings, pain and sufferings and association and rs. 5,000/- for the loss of consortium.

( 2 ) THE first respondent i. e. , the insurance Company filed a written statement denying the allegations in respect of rash and negligent driving and contended that the compensation claimed is very high. It was also stated in the written statement that the mother of the deceased, Shaik kaleem filed a petition in W. C. No. 14/82 in the Court of the Commissioner for Workmen s Compensation, Guntur und

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