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2008 Supreme(AP) 380

A.GOPAL REDDY, S.ASHOK
Branch Manager, United India Insurance Co. Ltd. – Appellant
Versus
Kondakotla Saroja wife of late Kondakotla Rajamouli – Respondent


Advocates appeared:
Counsel for the appellant: Smt. A. Malathi
Counsel for respondents 1 to 5: Sri K.M. Mahender Reddy

JUDGMENT: (Per the Hon'ble Sri Justice A. Gopal Reddy)


The Insurance Company filed this appeal challenging the correctness of order dated 26-11-2002 passed by the Motor Accidents Claims Tribunal (Additional District Judge), Nizamabad in O.P No 1173 of 2001.

2. The facts, in nutshell, giving rise to this appeal are that respondent No.1 is the wife, respondent Nos.2 and 3 are the sons and respondent Nos. 4 and 5 are the mother and father of the deceased K. Rajamouli who died in a motor vehicle accident on 24-04-2001 at 3.30 am in the shivar of Devanpally Village. While he was proceeding from Kamareddy towards Banswada in a jeep bearing No. AP 25 F 1895 owned by respondent No. 6 and insured with the appellant - Insurance Company. Due to the rash and negligent driving of the vehicle by its driver, the vehicle turned turtle when it reached shivar of Devanpally Village as a result of which the deceased sustained multiple injuries and died on the spot. On the death of the deceased, respondent Nos. 1 to 5 moved the Tribunal by way of filing the said O.P under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') seeking compensation of Rs.20,00,000/-. The owner of the vehicle



























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