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2007 Supreme(SC) 218

MARKANDEY KATJU, S.B.SINHA
Gottumukkala Appala Narasimha Raju – Appellant
Versus
National Insurance Company LTD. – Respondent


JUDGMENT

S.B. Sinha, J.—Leave granted.

2. Interpretation of Section 167 of the Motor Vehicles Act, 1988 (for short, ‘1988 Act’) falls for consideration in this appeal which arises out of a judgment and order dated 23/7/2003 passed by the High Court of Judicature Andhra Pradesh at Hyderabad in Appeal Against Order No.2720 of 2003, holding that no Award could be passed against the insurer in the proceeding under the provisions of Workmen’s Compensation Act, 1923 (‘1923 Act’, for short).

3. Before adverting to the question involved in this appeal, we may notice the factual matrix obtaining herein.

A tractor bearing No. AP 37P 3717 belonged to Smt. Gottumukkala Venkata Lakshmi, the wife of deceased Bangaru Raju @ Appala Raju. Respondent No. 1 was the insurer of the said vehicle. An accident took place. Bangaru Raju died in that accident while driving the said tractor. How the accident occurred is not known. Claiming a sum of Rs.3 lakhs by way of compensation, a petition before the Commissioner of Workmen’s Compensation in terms of the 1923 Act was filed against Smt. Gottumukkala Venkata Lakshmi, the owner of the tractor, and the insurer herein. According to the claimants, the deceas












































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