B. K. SOMASEKHARA, J.

( 1 ) THESE two appeals arise out of the award of the Motor Vehicle Accidents claims Tribunal, Guntur, in M. V. O. P. No. 319 of 1989 dated 9-8-90. CMA no. 113 of 1991 is filed by the claimants, whereas CMA No. 80 of 1991 is filed by respondent No. 2 Insurer, in the proceedings before the Tribunal. The claimants being wife and children of the deceased Yesurathnam, filed claim petition under Section 110-A of the Motor Vehicles Act, 1939 (for short the act ), for recovery of compensation of Rs. 87,500/- from respondent No. 1 owner of tractor-cum-trailer and respondent No. 2 Insurer of the vehicle alleging that the accident occurred due to rash and negligent driving of the vehicle by the driver, which resulted in the fatal injuries to the deceased. The accident occurred on 5-5-1988, whereas the deceased died on 10-5-88. The respondent No. 1 owner of the vehicle remained ex-parte, whereas the respondent No. 2 contested the claim. The Tribunal having held an enquiry into the controversies, came to the conclusion that the accident occurred due to the negligence of the driver of the vehicle involved in the accident, that it was insured with respondent No. 2 at the re

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