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2007 Supreme(AP) 768

B.SESHASAYANA REDDY
National Insurance Company Limited, Khammam – Appellant
Versus
P. Saraswathamma – Respondent


Advocates:
Advocate Appeared
Counsel for the Appellant :SRI N.S.Bhaskara Rao
Counsel for theRespondent NO.1: R.Kameshwara Rao

JUDGMENT:- The National Insurance Company aggrieved by and dissatisfied with an order dated 9-9-2002 passed in M.A.T.O.P.No.47 of 1999, on the file of the Motor Accidents Claims Tribunal cum I Additional District Judge at Khammam, is the appellant before me.

2. Respondent No.1 is widow, respondent No. 2 is daughter and respondent No.6 is mother of Appala Swamy. The said Appala Swamy and some others were engaged by P.Easwar Rao- 5th respondent herein, owner of the lorry bearing No.AP-16-T-180, for loading and unloading of cement poles. On 27-11-1998 Appala Swamy and co-labourers loaded cement poles on the lorry bearing No.AP16-T-180 and sat on the load. The lorry driven by one B.Srinu-4th respondent herein was proceeding from Paloncha to Bhadrachalam and on nearing NTR Colony, Bhadrachalam and while negotiating a curve, the driver lost control over the vehicle on account of his rash and negligent driving and as a result the lorry turned turtle and Appala Swamy and other co-labourers came under cement poles. Appala Swamy (hereinafter referred to as the deceased) suffered serious injuries for which he succumbed at the spot of the accident. The Station House Officer, Bhadrachalam



















































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