NATIONAL INSURANCE COMPANY LIMITED Vs. V CHINNAMMA

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant - Insurance Company aggrieved by and dissatisfied with a judgment and order dated 28th March, 2002 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in AAO No. 216 of 1997 is in appeal before us.

(3.) The respondents herein are heirs and legal representatives of one V. Gopal. The said V. Gopal (the deceased) used to carry on business in vegetables. He purchased 5 bags of vegetables on 24-11-1991 in a village known as Ayyapareddipalem and loaded the same in a trailer of a tractor bearing No. MH33-8109. He was travelling therein. He wanted to buy some more vegetables at a village known as Peddapadu. While the tractor approach the said village, a bus was seen coming from opposite direction. Because of rash and negligent driving on the part of the driver of the said tractor, and which was driven at a very high speed, it went to the extreme left side of road margin and because of heavy jerks, the deceased fell down and received serious injuries. He was immediately shifted to Peddapadu where he breathed his last.