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2023 Supreme(AP) 784

V. SRINIVAS
Bendi Aruna – Appellant
Versus
Assistant Engineer, A. P. E. P. D. C. Ltd. , Ponduru – Respondent


Advocates Appeared:
For the Petitioner: V. Sesha Kumari.
For the Respondent: Metta Chendra Sekhar Rao.

JUDGMENT :

1. This regular appeal under Section 96 Code of Civil Procedure (hereinafter referred to as ‘CPC’) is directed against the decree and judgment in O.S.No.17 of 2001 dated 15.04.2003 on the file of the Court of learned Additional Senior Civil Judge, Srikakulam.

2. The plaintiffs, before the trial Court, are the appellants. The respondents herein are the defendants.

3. The appellants instituted the suit against respondents for granting compensation of Rs.3,64,392/- for the death of one Bendi Ramana.

4. Before adverting to the material and evidence on record and nature of findings in the judgment of the trial Court, it is necessary to scan through the case pleaded by the parties in their respective pleadings.

5. The case of the appellants/plaintiffs in brief in the plaint was as follows:

    (i) 1st appellant is the wife, appellant Nos.2 and 3 are mothers and appellant Nos.4 and 5 are daughter and son of one Bendi Ramana (hereinafter called as “the deceased”).

(ii) On 23.10.1999 at 08.30 A.M., the deceased along with N.Venkatarao and others went to Singuru village for cutting gross to their cattle in sugarcane lands. While the deceased was cutting the gross in the sugarcane gard

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