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1998 Supreme(AP) 577

G.BIKSHAPATHY
Divisional Manager, New India Assurance Company Ltd. , Divisional Office, Ongole – Appellant
Versus
Tumu Gurava Reddy – Respondent


G. BIKSHAPATHY, J.

( 1 ) AN important question of law as to the interpretation of no fault liability under Section 140 of the Motor Vehicles Act, 1988 as far as Insurance Company is concerned, arises in this batch of appeals.

( 2 ) THESE appeals have been preferred by the Insurance Company against the awards of the Motor Accidents Claims Tribunal arising out of a common accident. Hence, they are disposed of by a common judgment.

( 3 ) AN unfortunate accident took place on 18-2-1995 when the Tractor-Trailer bearing No. AP-27/t 4173 and AP-27/t 4174 owned by the 1st respondent was proceeding towards the agricultural fields. While so, the connecting hook from the Tracter was delinked, with the result, the trailer fell down in N. S. P. Canal. The coolies in the Trailer were drowned, out of them some died and some of them received injuries. The Tractor - Trailer was insured with the 2nd respondent-Insurance Company. The Legal Representatives of the deceased occupants in the trailer laid a claim before the Motor Accidents claims Tribunal under Section 140 of the Motor Vehicles Act, 1988 (hereinafter called the Act ) claiming compensation against the owner and the Insurance company under





































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