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2013 Supreme(AP) 178

R.KANTHA RAO
National Insurance Co. Ltd. , Kurnool – Appellant
Versus
Ganne Seshamma – Respondent


Advocates:
Advocate Appeared:
Ch. Srinivas, Counsel for the Appellant in both the CMAs. and for the Respondent No. 1 in both the Cross-Objections;
A. Jaya Shankar Reddy, Counsel for the Respondent Nos. 1 to 4 in CMA No. 4369 of 2003 and for the Respondent Nos. 1 and 2 in CMA No. 4370 of 2003 and for the Cross-Objectors in both the Cross-Objections.

JUDGMENT

Both the appeals are filed by the National Insurance Company Limited/second respondent before the Tribunal challenging the order dated 14.7.2003 passed by the Motor Accident Claims Tribunal-cum-III Additional District Judge, Kurnool in MVOP Nos. 141 and 147 of 2003.

2. The cross-objections are filed by the respondents/claimants in both the appeals. Since the claim cases under Section 166 of the Motor Vehicles Act before the Tribunal arose out of the same accident and as common question of fact and law would arise for consideration, the appeals and cross-objections are disposed of by the following common judgment.

3. Two persons viz. G. Hussain Basha, aged 23 years and G. Narasimha Reddy, aged 55 years died in a motor vehicle accident at 6.00 a.m., on 16.2.2001 allegedly on account of the rash and negligent driving of the lorry bearing No. AP 15 T 9024 on the fateful day, the deceased Hussain Basha was driving the jeep bearing No. AP 21 D 0029 from Tenali to Vijayawada. While the said jeep was on its way, the lorry bearing No. AP 15 T 9024 came from behind at fast speed in a rash and negligent manner and dashed the jeep. In the said accident, the driver of the jeep Hussain Bas

























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