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2006 Supreme(AP) 861

G.CHANDRAIAH
Senior Divisional Manager, New India Assurance Co. , Ltd. , Secunderabad – Appellant
Versus
K. Kiran @ Kishore – Respondent


JUDGMENT :-Heard Smt. I Mammu Vani learned Standing Counsel for the appellant - Insurance Company and Sri K.L.N. Rao and Sri M. Vijay Reddy Counsels for the respondents.

2. Aggrieved by the judgment and decree dated 17.9.1999 passed by the Chairman, A.P.M.V. Accidents Claims Tribunal-cum-I Additional Chief Judge, City Civil Court, Secunderabad in O.P. No.140/1998, the Insurance Company filed this appeal.

3. The facts with regard to the occurrence of the accident on 1.6.1998 at 5.00 a.m., while the claimant was proceeding on a lorry bearing No. AIK 6856 as a cleaner from Siddipet side towards Secunderabad due to rash and negligent driving of the driver of the lorry and the claimant suffering 75 per cent of disability on account of amputation of both of his legs, are not in dispute and further the quantum of compensation is also not being disputed by the Insurance Company. The only dispute is with regard to the liability of the Insurance Company.

4. The learned Counsel appearing for the appellant-Insurance Company submitted that the claimant is the son of the owner of the lorry and that he is not the cleaner and further the cleaner is not covered under the policy, as no additional premi



















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