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2006 Supreme(AP) 981

L.NARASIMHA REDDY
National Insurance Company Ltd. , rep. by its Branch Manager, Adilabad – Appellant
Versus
Mittapalli Sundaramma – Respondent


JUDGMENT

The correctness of the order, dated 14-10-2005, passed in a.p.No.987 of2002 by the Motor Accidents Claims Tribunal-cum-District Judge, Adilabad, is assailed in both the appeals.

2. While C.M.A. (SR) No. 10283 of 2006 (CMA 1877/2006) is filed by the insurer, the other is filed by the claimants.

3. For the sake of convenience, the parties herein are referred to as arrayed in the O.P.

4. The claimants filed the O.P., stating that Mittapalli Yerraiah, the husband of the 1st claimant and father of claimants 2 to 7, was coming from Talamadugu to Adilabad, in a jeep bearing No.AP.1.T.5694, owned by the 1st respondent and insured with the 2nd respondent and that due to rash and negligent driving of vehicle, it turned turtle. Yerraiah is said to have received injuries to various parts of the body and that he was shifted initially to Government Hospital, Adilabad and thereafter, to Nagpur. He is said to have died while undergoing treatment. It was alleged that the deceased was aged 48 years and was employed as Fieldsman in Fisheries Department with a salary of Rs.6,010/-, per month. They claimed a sum of Rs.7,00,000/, as compensation.

5. The 1st respondent remained ex parte. The claim wa








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