MOTILAL B. NAIK, J.

( 1 ) THESE two Civil Miscellaneous Appeals arise out of an order passed in O. P. No. 166 of 1984 on the file of the Additional Chief Judge-cum-Chairman, Motor accidents Claims Tribunal, City Civil Court, Secunderabad, dated 29-9-1986. Therefore, these two C. M. As. are being disposed of by a common judgment.

( 2 ) C. M. A. No. 176/87 is filed by the New India Assurance Companylimited - third respondent in O. P. No. 166/84. C. M. A. No. 534 of 1987 is filed by the claimants in the said O. P. No. 166/84.

( 3 ) FOR the purpose of disposal, the parties are referred to as claimants/ petitioners and respondents.

( 4 ) THE claimants filed O. P. No. 166/84 for the death of one Sankaraiah in a road accident claiming a total compensation of Rs. 75,000/ -. The first claimant is the wife of the deceased Sankaraiah, claimants 2, 3 and 4 are the minor children of late Sankaraiah born to the firstclaimantandclaimants5 (since died) and 6 are the parents of late Sankaraiah.

( 5 ) IT is the case of the claimants that on 15-2-1984 at 11-00 p. m. late shankaraiah was transporting arrack in the ambassador car bearing no. ABM 2770 belonging to one Vijay Singh, from the house of Vijay

Click Here to Read the rest of this document