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2009 Supreme(AP) 151

C.V.NAGARJUNA REDDY
New India Assurance Co. , Ltd. , Tirupati – Appellant
Versus
G. Sampoorna – Respondent


Advocates appeared:
For the Petitioner:C.V. Rajeeva Reddy, Advocate. For the Respondents:R1 to R5, P. Govind Reddy & R6, V. Eswaraiah Chowdary, Advocates.

JUDGMENT :

The New India Assurance Company Limited, respondent No.2 in M.V.O.P.No.372 of 2004 on the file of the Motor Accident Claims Tribunal-cum-III Additional District Judge, Tirupati (for short, “the Tribunal”), is the appellant in this appeal. This appeal is preferred feeling aggrieved by award dated 17.03.2006 of the Tribunal in the said O.P., whereby it has fixed joint and several liability on the appellant and respondent No.6, the owner of the Tractor and Trailor, which was involved in the accident resulting in death of one G. Raja Ramesh (for short, “the deceased”).

On 13.01.2004, when the deceased, a coolie, was traveling in the Tractor and Trailor along with other two coolies for loading sand and when they reached near Thondawada bridge on Chandragiri bypass road, the driver of the Tractor drove the same in a rash and negligent manner leading to front wheel of the Tractor being broken and the Tractor along with Trailor falling in a ditch. The deceased, who is sitting on the Trailor, jumped due to fear and the Trailor ran over on the back of the deceased. The deceased was declared dead, after he was shifted to the Government hospital, Chandragiri. Respondent Nos.1 to 5, w
































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