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2009 Supreme(AP) 136

B.PRAKASH RAO, G.BHAVANI PRASAD
New India Assurance Company Ltd. , rep. by its Divisional Manager, Kakinada – Appellant
Versus
Kethavarapu Satyavathi – Respondent


Advocates Appeared:
Mr. Kota Subba Rao, Advocate for the Petitioner.
Mr. N. Siva Reddy, Advocate for Respondent Nos.1 and 2.
Mr. N.V. Anantha Krishna, Advocate for Respondent No.3.
None appeared for Respondent NO.4.

ORDER

(Per G. Bhavani Prasad, J.)

The insurer filed the petition for review of the judgment, dated 12-10-2007 in C.M.A. NO.380 of 2006.

2. The review petitioner desires to have the judgment reviewed on the ground of the assessment of loss having to be confined to the supervisory capacities only and the contribution by the deceased having to be assessed at a much lower level than two-thirds of the income in case of an agriculturist and a businessman. The reliance placed by the Court on the charge-sheet also has to be reconsidered and hence, the review petition relying on the precedents cited by the learned counsel for the review petitioner in the grounds of review and his written submissions.

3. Sri Kota Subba Rao, learned counsel for the review petitioner in his oral and written arguments desired preference to be given to EX.A-2 first information report but not EX.A-1 charge-sheet and when the deceased was not getting any salary, the income from business and agriculture has to be assessed with reference to the precedents cited. When the land still remains with the claimants as the legal heirs, the normal rule of deprivation of income is not strictly applicable to agricultural income.





















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