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2006 Supreme(AP) 1349

G.CHANDRAIAH
Haseena Sulthana – Appellant
Versus
National Thermal Power Corporation Limited – Respondent


JUDGMENT

Heard both the counsel.

2. Aggrieved by the order and decree dated 17-4-1999 passed by the Court of Motor Vehicle Accidents Claims Tribunal, Karimnagar in O.P. No.381 /1996, the claimants tiled the appeal.

3. The case of the claimants in brief is that on 18-11-1994 at about 4 a.m., when the deceased was driving the ambulance bearing No.AP-15-A-1279 and when it reached NTPC hospital, due to right wheel burst, the vehicle hit against a tree and as a result the deceased died on the spot. The police concerned have registered a case in Cr.No.96/94 under Section 174 of Cr.P.C. Claiming that the deceased was aged 42 years as on the date of the accident and that he was drawing a monthly salary of Rs.5,664/- as driver in NTPC Ramagundam, the claimants who are his wife and children, filed claim petition under .Section 163-A of the Motor Vehicles Act, 1988 (for short the Act) claiming compensation of Rs.6,43,368/- with interest at the rate of 18 per cent per annum.

4. The owner of the vehicle remained ex parte and the insurance company tiled counter and contended that the accident occurred due to rash and negligent driving of the driver of the vehicle and not due to tyre burst and hence













































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