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2010 Supreme(AP) 576

B.N.RAO NALLA
National Insurance Co. Ltd – Appellant
Versus
Veldi Chandra Sekhar – Respondent


Advocates appeared:
For the Petitioners:MR. Ravi Shankar Jandhyala, Advocate.
For the Respondent:B. Papa Rao, Advocate.

Judgment

This appeal arises out of an order dated 17.01.2007 passed in O.P. No.1282 of 2002 by the Chairman, Motor Accidents Claims Tribunal-cum- III Additional District Judge (FTCII), Khammam whereby the claim petition of the respondents herein was allowed with costs by granting an amount of Rs.2,00,000/- besides the claim under Section 140 of the Motor Vehicles Act for Rs.50,000/- with interest at the rate of 7.5% per annum.

2. The facts leading to the filing of this appeal can be summarized as follows:

The deceased was the driver-cum-owner of the lorry bearing No. AP-16-U-9144. On 20.05.1999, he was proceeding with his lorry with the load of iron pipes from Warangal and when he reached the outskirts of Tirumalayapalem village at 1.30 hours on R & B Road leading to Khammam from Warangal, a tractor bearing No. AP-36-T-6802 came in opposite direction, hit the tractor, being unable to avoid the accident due to narrowness of the road and further to save the lives of the driver of the tractor and another occupant of the tractor, he completely turned the lorry and in that process he lost control over it and ultimately it hit against a tree by the side of the road, as a result, he rec

























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