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1994 Supreme(AP) 259

G.RADHA KRISHNA RAO, S.R.NAYAK
New India Assurance Co. Ltd. – Appellant
Versus
Guddi Venkanalla Akkamma – Respondent


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 A. A. O. No. 1401 of 198 6/08/1991.

( 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), Nizambad, under section 110a 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 19/01/1983, at 12. 30 p. m. 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 92a















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