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1975 Supreme(AP) 1

ALLADI KUPPUSWAMI, V.MADHAVA RAO
K. Narayana Reddiar – Appellant
Versus
P. Venugopala Reddiar – Respondent


ALLADI KUPPUSWAMI, J.

( 1 ) KAMALAMMAL was one of the passengers travelling in the bus APC 4347 which was proceeding from Kona Road to Tirupati on the 8/02/1969. The bus met with an accident to the breakage of the front left stub axle, and Kamalammal sustained severe injuries. She was taken to the hospital at Tirupati where she succumbed to the injuries. Her husband filed an application under Section 110-A of the Motor Vehicles Act before the Motor Accidents Claims Tribunal (District Judge), Chittoor, on behalf of himself and his children, namely two sons and four daughters claiming a compensation of Rs. 50,000. In the petition he alleged that owing to rash and negligent driving, the front left stub axle broke, resulting in the accident, and he and his children were entitled to compensation for the death of his wife in the accident. The owner of the vehicle filed a counter denying that there was any rash and negligent driving of the bus. He contended that the accident was due to the sudden and unexpected breakage of the front left stub axle which could not be avoided by any amount of care. The accident was due to reasons beyond anybodys control and was not due to rashness or neglig






















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