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2023 Supreme(AP) 330

M. GANGA RAO, V. SRINIVAS
Bajaj Allianz General Insurance Company Limited – Appellant
Versus
Maram Bala Chandra Reddy – Respondent


Advocates Appeared:
For the Petitioner: Naresh Byrapaneni.
For the Respondent: D. Kodandarami Reddy.

JUDGMENT :

V. Srinivas, J.

This appeal is directed against the judgment dated 09.08.2017 in M.V.O.P.No.449 of 2015 passed by the Chairman, Motor Vehicle Accident Claims Tribunal-cum-IV Additional District Judge, Kadapa (hereinafter called as ‘the Tribunal’)

2. The appellant is the insurer of car bearing No.AP 28 CD 2337 belonging to the 6th respondent herein. Respondent Nos.1 and 2 herein are parents of the deceased by name Maram Kiran Kumar Reddy, respondent Nos.3 to 5 herein are the owner, driver and insurer of lorry bearing No.AP 04 T 0948.

3. According to the claimants, on 13.02.2011 at about 03.30 p.m. near Naravari Rahadari turning on a road running from Chittoor to Kurnool, N.H.18 in between Piler and Kallur of Pulicherla Mandal, when the deceased along with his friends was proceeding in verna car bearing No.AP 28 CD 2337, the driver of lorry bearing No.AP 04 T 0948 came in opposite direction with sugarcane load at high speed in a rash and negligent manner and hit the said car. As a result of which, spark ignited in the engine of car, which caught hold fire on the spot and t

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