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1996 Supreme(AP) 840

B.K.SOMASEKHARA
K. Ramalingam – Appellant
Versus
Gummalla Kalavati – Respondent


B. K. SOMASEKHARA, J.

( 1 ) WITHIN the gamut of the controversies in this case, the questions involved for determination are:1. Whether the liability of the 3rd respondent-Insurance Company is absolved due to the vehicle involved in the accident belonging to the appellant-1st respondent was entrusted to a mechanic or repairer holding no driving licence resulting in the motor vehicle accident due to his negligence?2. (a) Whether the amount of compensation awarded by the Tribunal is inadequate? (b) If so to what extent?3. (a) Whether the award of the Tribunal deserves to be set aside, modified or altered? (b) If so, to what extent?

( 2 ) THIS appeal and the Cross-objections are the result of the award passed by the Motor Accidents Claims Tribunal, Krishna at Machilipatnam in O. P. No. 149 of 1982 dated 2-6-1984 whereby the claim of the respondents 1 and 2 in this appeal for a sum of Rs. 75,000. 00 was conceded only to the extent of Rs. 36,500/- putting the liability to satisfy the award only as against the appellant/owner of the vehicle and whereby the 3rd respondent insurance company was absolved of the liability to satisfy the award.

( 3 ) THE admitted and proved facts briefly stated








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