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2023 Supreme(AP) 241

T. MALLIKARJUNA RAO
Kankipati Salmon – Appellant
Versus
Dasari Ramaiah – Respondent


Advocates:
Advocate Appeared:
For the Appellant : NIMMAGADDA SATYANARAYANA
For the Respondent: T MAHENDER RAO

JUDGMENT :

1. Aggrieved by the order dated 13.06.2011 in MVOP No.129 of 2010 passed by the Chairman, Motor Accidents Claims Tribunal-cum-I Additional District Judge, Ongole (for short 'the Tribunal'), the claimants have preferred this appeal for not fastening liability on the 3rd respondent/insurance company.

2. The parties will be referred to as arrayed in the MV OP for convenience.

3. The petitioners filed the application under Sections 166 of the Motor Vehicles Act for compensation of Rs.6,00,000/- for the death of one Kankipati Ramadevi (hereinafter referred to as 'deceased'), who died in a motor vehicle accident.

4. It is the claimant's case that the deceased was 30 years and she was earning Rs.6,000/- per month by doing coolie work. On 09.03.2010 in the morning, the 1st respondent, the driver of tractor bearing No.27Y3706 and trailer bearing No.AP27Y3707 (hereinafter referred to as 'offending vehicle') was carrying the deceased and others as coolies to the Bengalagram field of one Kamma Lakshmi Narayana for coolie work of loading Bengalgram into trailer and unloading later. The 1st respondent drove rashly and negligently at 11.30 AM when they reached the tobacco field of Damachar

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