U.DURGA PRASAD RAO
New India Assurance Co. Ltd. , Rep. by its Branch Manager, Guntur – Appellant
Versus
Vaida Pushpa – Respondent
1) Aggrieved by the award dated 02.12.2005 in O.P.No.430 of 2002 passed by the Chairman, Motor Accidents Claim Tribunal-cum-District Judge, Karimnagar (for short ‘the Tribunal’), the New India Assurance Company Limited preferred the instant appeal.
2) The factual matrix of the case is thus:
a) Claimants 1 and 2, who are the wife and daughter of the deceased—Vaida Papaiah, filed O.P.No.430 of 2002 on the pleas that, on 14.10.2001 at about 11:00am, when the deceased was returning back to his village Rangampalli on his bullock cart after dumping the wood at Peddapalli and when he reached Rangampalli outskirts, one lorry bearing No.AP 5 T 2535 came in opposite direction being driven by its driver (R.1) at high speed and in a rash and negligent manner and dashed the bullock cart of the deceased and thereby, the bullocks died on the spot and the deceased succumbed to head injury on the same day while undergoing treatment. They further pleaded that the accident was occurred due to the fault of lorry driver and due to the sudden demise of the deceased, they lost their fender and became destitutes. On these pleas, they claimed Rs.2,00,000/- as compensation under different heads agai
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