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2021 Supreme(AP) 183

U.DURGA PRASAD RAO, J.UMADEVI
Oriental Insurance Company Ltd. , Guntur – Appellant
Versus
Mandru Madhavi Amp – Respondent


JUDGMENT :

U. Durga Prasad Rao, J.

While deciding the liability of joint tort feasors and awarding compensation against the claim of a third party, whether the Court is required to pronounce the extent of their inter se liability is the question which we are engaged in this appeal.

2. The matrix of the case is thus:

    (a) On 23.10.2007 at about 9.30 p.m. the deceased while travelling in a car bearing No.AP28AT8369 along with others from Hyderabad towards Nagarjunasagar, died on the way at Yacharam, when the car hit the rear portion of a lorry bearing No.AP28W2040 stationed across the road without switching on parking lamps and indicators. The claimants who are the wife, minor sons and parents of the deceased filed M.V.O.P.No.779 of 2008 on the file of the Chairman, MACT – cum-District Judge, Guntur against respondents 1 and 2 who are the owner and insurer of the offending lorry and respondents 3 and 4 who are the owner and insurer of the offending car and claimed Rs.35.00 lakhs as compensation under several heads.

(b) While respondents 1 and 3 who are the owners of respective vehicles remained ex parte, respondents 2 and 4, the insurance companies, contested the O.P.

(c) The contention of

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