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 Singh to the godown of Kishen at Ameerpet. When the car crossed Mallepally at a point opposite to Mahaveer Hospital, a jeep bearing No. ABD 4108 belonging to the first respondent driven by the second respondent in a rash and negligent manner hit the ambassador car from behind, on account of which, the right side door of the car was damaged and got opened, due to the impact, the deceased shankaraiah who was sitting in the said ambassador car was thrown out of the car from right side. The jeep bearing No. ABD 4108 driven by the second respondent ran over the deceased Shankaraiah resulting in his instantaneous death.

( 6 ) IT is also the case of the claimants that late Shankaraiah was aged about 25 years at the time of his death and was working as a servant in Mahender company, Shyamlal Building, Begumpet, Hyderabad, on a monthly salary of rs. 750/ -. It is also their case that the deceased has not only left his young wife but also three minor children who are aged 7 years, 5 years and 11 months respectively, besides his aged parents who were solely dependent on his earnings.

( 7 ) ON behalf of the respondents, separate counters have been filed. Respondents 1 and 2 filed a separate counter. The third respondent-Insurance company has also filed a separate counter. The fourth respondent one mr. Abbas Ali, claimed to be the Inspector of Excise has also filed a separate counter. The categorical plea of all these respondents is that said Shankaraiah was transporting illicit distilled liquor in the Ambassador Car bearing no. ABM 2770 and the fourth respondent who is the Excise Inspector engaged a jeep bearing No. ABD 4108 of the first respondent and chased the ambassador car in the night. While so, at the point of Mahaveer Hospital, there was another jeep coming from the opposite direction and also an Auto and there was a collision between that jeep and the ambassador car in which the deceased shankaraiah was travelling and thus the accident took place and they are not responsible for the death of Shankaraiah.

( 8 ) THE fourth respondent who filed a separate counter sought protection under Section 69 of the A. P. Excise Act claiming that the jeep ABD 4108 has been hired by the Excise Department and therefore, they are not liable to pay any compensation.

( 9 ) THE third respondent - Insurance Company has also categorically contended that the driver of the jeep in question had no valid licence as on the date of the accident and as the jeep in question has been hired by the Excise department, they are not liable to pay any compensation. The third respondent also took a specific plea that the vehicle in question was not insured.

( 10 ) ON the basis of these averments, the Tribunal below framed the following issues: (1) Whether the accident which occurred on 15-2

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