T.RAJANI
New India Assurance Company Limited – Appellant
Versus
Datla Varma – Respondent
1. Since the claimant, in both the claim petitions, is one and the same being husband and father of the two deceased, respectively, and arise out of the same accident that occurred on 12.01.2004, they are being disposed of by this common judgment.
2. Both the appeals are preferred by the appellant herein, New India Assurance Company Limited, who is the 4th respondent in the claim petitions, assailing the judgments of the V Additional District Judge, Ranga Reddy District passed in O.P.Nos.433 and 432, respectively, on 18.05.2006. The grounds on which, MACMA. No.1933 of 2006 is preferred are that the Court below failed to see that the allegations made in the claim petition categorically reveal that the lorry was responsible for the accident and that the negligence is also attributed to the lorry driver but the Court below grossly erred in holding that both, driver of the lorry and the driver of the auto, are responsible to the accident; it also failed to see that according to P.Ws.1 and 2 the auto was not in motion at the time of accident and the lorry came and dashed the stationed auto and that shows that the driver of lorry alone was responsible for the accident and the co
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