G. RADHAKRISHNA RAO, J.

( 1 ) THIS Letters Patent Appeal is filed by the New India Assurance Company limited aggrieved by the order of the learned single Judge passed in CMA No. 1401 of 1986 on 8-8-1991.

( 2 ) THE facts of the case are that the wife and the children of the deceased one guddi Venkataiah filed O. P. No. 141 of 1983 on the file of the Motor Accidents claims Tribunal (District Judge), Nizamabad under Section 110-A of the Motor vehicles Act claiming a total compensation of Rs. 1,29,900/- on the ground that the deceased, who was travelling in the lorry bearing No. APL 2454, died when the said lorry met with an accident that took place on 19-1-1983 at 12. 30 pm near brahmajiwadi Krishnajiwadi Village, Kamareddi Taluk, due to the rash and negligent driving of the driver of the said lorry.

( 3 ) THE Tribunal awarded a total compensation of Rs. 33,000/ - fixing joint and several liability on the respondents therein to pay the said compensation to the claimants.

( 4 ) ON appeal filed by the appellant herein, the learned single Judge held that the deceased was a gratuitous passenger and that the insurance company is liable in regard to no fault liability under Section 92-A of

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