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1996 Supreme(AP) 1083

B.K.SOMASEKHARA
R. Balanarasamma – Appellant
Versus
K. Ramakrishna Reddy – Respondent


B. K. SOMASEKHARA, J.

( 1 ) THE claimants in O. P. No. 147/89 before the Motor Accidents Claims tribunal, Ranga Reddy District have questioned the award of the Tribunal dated 19-3-1990 wherein the Tribunal while conceding the claim in favour of the claimants to the extent of 50% of Rs. 1,30,800/- (Rs. 65,400/-) held that the accident was due to the negligence of the drivers of the two lorries adq 7155 and ATR 600 and not mainly due to the negligence of the driver of the lorry ADQ 7155. The 1st respondent is the owner of the lorry adq 7155 and the 2nd respondent is its insurer. The claim was lodged under sec. 110-A of the M. V. Act, 1939 (for short the Act) for recovery of rs. 2,00,000/- by way of compensation.

( 2 ) THE claimant No. 1 is the wife, claimants 2 to 6 are the children and claimant No. 7 is the mother of the deceased Sathaiah, who died in the motor vehicle accident that occurred on 4-12-1988 while he was travelling in the lorry atr 600 due to the alleged negligence of the driver of the lorry ADQ 7155. During the enquiry, the Tribunal found that the accident was due to the negligence of the drivers of both the lorries. Having found that the age of the deceased was 35 year









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