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2011 Supreme(AP) 396

B.CHANDRA KUMAR
New India Assurance Company Limited, rep. by its Deputy Manager – Appellant
Versus
K. Devi – Respondent


Advocates appeared:
For the Appellant:B. Devanand, Advocate.
For the Respondents:A. Chaya Devi, Advocate.

Judgment :

The appellant-New India Assurance Company Limited, represented by its Deputy Manager, filed the present appeal challenging the order dated 08.02.2008 passed in MVOP No.1244 of 2006 by the Chairman, Motor Vehicle Accidents Claims Tribunal-cum-XXI Additional Chief Judge-cum-VII Additional Metropolitan Sessions Judge, City Criminal Courts, Hyderabad. The parties hereinafter will be referred to as they are arrayed before the Tribunal for the sake of convenience. The first claimant is the wife and the second claimant is the mother of the deceased Balu Naik. The first respondent is the owner of the vehicle bearing No. AP 28U 9797 and the second respondent is the Insurance Company with which the vehicle was insured. The case of the claimants is that on 02.11.2005 at about 6.00 PM the deceased was traveling in P/Van bearing No. AP 28U 9797 with cement covers. When the said vehicle reached the outskirts of Kondurg village, its driver drove the vehicle in a rash and negligent manner, as a result of which the vehicle turned turtle and the deceased sustained grievous injuries. He was shifted to Osmania General Hospital. However, while he was undergoing treatment, he succumbed to inju































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