( 1 ) THE Civil Miscellaneous Appeal ard Cross objections are filed against the decree and judgment of the learned Additional District Judge and Motor Accident tribunal, Kurnool in M. V O P. No If of 1969 dated 5th January 1972. The 3rd respondfnt, namely. , the Government of andhra Pradesh, is the appellant herein.

( 2 ) ON 6-12-1968, M Veer Naidu, the 3rd respondent in this appea/, was driving tipper Vehicle No. APV 4270, loaded with jelly, aud was proceeding towards srrsallam Dam site At K M. Stones, 3/6 and 3/5 on Ghat Road at the second turning he was proceeding at high speed and come across a jeep A P. Q. No 2208, The 4th respondent, Shaik Salam, was at its wheel. In this jeep late K. Sreerama- murthy a Junior Engineer of the P. W. D; janaklramaiah, an Assistant Engineer chalasani Rangarao, a supervisor and one P. V. Ramanaiah and some others were proceeding towards Srisailam colony for their lunch after working at the Dam site. The jeep was negotiating upgradlent at that spot.

( 3 ) AFTER seeing the Jeep, the 3rd respondent swered his vehicle suddenly from the middle of the road to the left side, and in so doing, the rear side of the tipper hit the jeep on its r