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2015 Supreme(AP) 375

U.DURGA PRASAD RAO
New India Assurance Company Ltd. – Appellant
Versus
Korrapolu Danaiah – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Naresh Byrapaneni
For Respondents/Defendant: N. Krishna Murthy

Judgment

U. Durga Prasad Rao, J.

1. The New India Assurance Company Limited who is the second respondent in MVOP No. 144 of 2008, challenged the award passed by MACT, Markapur questioning the liability fastened on it.

2. Brief facts of the case are that:

a) On 03-05-2003 the deceased Korrapolu Chinna Mark and some others engaged a jeep bearing No. AP 07 X 4480 to go to Ongole for attending APRJC Entrance Examination, but on the way a lorry bearing No. AA D 2877 came in opposite direction and accident took place due to collision between two vehicles resulting in death of six persons including Chinna Mark and injuries to some others.

b) The claimants who are the parents of deceased, filed MVOP No. 144 of 2008 under Section 163-A of Motor Vehicles Act, 1988 (for short MV Act) against respondent Nos. 1and 2, who are the owner and insurer of the jeep respectively and respondent No. 3 who is the owner of the lorry and claimed Rs. 2,30,000/- as compensation.

c) Respondent No. 1/owner of the jeep mainly contended that accident was occurred due to fault of driver of the lorry and hence he is not liable to pay compensation and even otherwise, he insured his jeep with R2/Insurance Company and hence
































































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