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2009 Supreme(AP) 966

S.ASHOK KUMAR
Branch Manager, United India Insurance Co. Ltd. – Appellant
Versus
Polepaka Sankar – Respondent


Advocates Appeared:
For the Appellant : V. Srinivasa Rao
For the Respondent: N. Ravi Prasad and V.L. Surendra

JUDGMENT :

S. Ashok Kumar, J.

1. Aggrieved over the quantum of compensation awarded by the learned Chairman, Motor Accidents Claims Tribunal-cum-District Judge, Ongole, in O.P. No. 121 of 2000 on 31.3.2003, this appeal has been filed by the Appellant.

2. The Appellant herein is the insurance company and the Respondents herein are the injured-claimant and the owner of the crime vehicle respectively before the Tribunal. The status of the parties will hereinafter be referred to as arrayed before the Tribunal for the sake of convenience.

3. The brief facts of the case are as follows:

The injured who was aged 22 years was working as a hydraulic operator and earning Rs. 2,900 per month. On 22.7.1999, while the injured and two other drivers were coming back from Chimakurthy in the tipper bearing No. AP 27-T 7225 after picking up the workers at Chimakurthy for night duty at about 7 p.m., and when the tipper reached Pasuvula Keshatram turning, a lorry came from the opposite direction with high speed and since the driver of the tipper was going on high speed, he could not control the vehicle but applied brakes and as a result of which the tipper skidded and fell down, due to which the injured and







































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