( 1 ) ANDHRA Pradesh State electricity Board calls in question the legality and validity of the award passed by the district Judge-cum-Motor Accident Claims tribunal, Srikakulam dated 27-6-1996 in OP no. 169/1992, whereunder compensation payable to the heirs of the deceased, who died in an accident, by bus belonging to the APSRTC was apportioned between apsrtc and APSEB.

( 2 ) THIS appeal raises a point of some significance with regard to the jurisdiction of the Motor Accident Claims Tribunal to adjudicate the claim against APSEB, when the passenger who boarded the bus and went on to the top of the bus contacted with live electric wire due to rash and negligent driving of the bus driver who suddenly moved the bus belonging to the apsrtc and whether Tribunal can pass award under Section 110-B of the Motor vehicles Act, 1939 (for short "the 1939 act") (corresponding to Section 168 (1) of the Motor Vehicles Act, 1988 (for short "the 1988 Act" ).

( 3 ) THE brief facts, which are necessary for disposal of the appeal, are as under : the wife, 1st petitioner, children, 2nd and 3rd petitioners, and parents, 4th and 5th petitioners of the deceased Munji appa Rao (respondents 1 to 5 herein)

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