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2002 Supreme(AP) 1498

G.BIKSHAPATHY
Addala Lakshmi – Appellant
Versus
G. Subhadramma – Respondent


( 1 ) IN this appeal, an important question as to the interpretation of Section 166 of Motor vehicles Act arises for consideration.

( 2 ) BEFORE delving into the legal aspects, it is necessary to refer to the facts leading to the filing of the appeal.

( 3 ) ONE Mr. Addala Narayana Murthy raju was employed as driver on the bus belonging to the 1st respondent herein namely Smt. G. Subhadramma. On 7-4-1996 at about 9-45 p. m, while the bus was plying from Sarika to Vizianagaram, it turned turtile at Zonnalavalasa Railway Gate and in the said accident Addala Narayana murthy Raju died while on duty. Therefore, l. Rs. laid a claim for compensation under section 164 and 166 of Motor Vehicles Act.

( 4 ) THE tribunal recorded a finding that the deceased Murthy had died due to his own rash and negligent driving of the bus and the tribunal, however, assessed the compensation at Rs. 63,000/- and awarded the same against the owner as well as the insurer by an Order dated 30-4-1997 passed in O. P. No. 247 of 1996 on the file of the motor Accidents Claims Tribunal-cum- district Judge, Visakhapatnam. Challenging the said Order and not satisfied with the compensation awarded, the appeal has been fi








































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