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2006 Supreme(AP) 1205

L.NARASIMHA REDDY
Padma Yadamma – Appellant
Versus
Gaddam Prabhakar Goud – Respondent


J U D G M E N T

One Mr.Krishna, the husband of the first appellant, father of appellants 2 and 3 and son of respondents 3 and 4, is an agricultural labourer of Kallakal Village, Medak District. On 01.04.1996 at 7:30 p.m, he was crossing the road, by the side of National Highway No.7, with a bag of rice on his head. A Jeep bearing No. API 6475, owned by the first respondent and insured with the second respondent herein, dashed against him and he died on account of the injuries. The appellants and respondents 3 and 4 herein filed O.P.No.375 of 1996 before the Motor Accident Claims Tribunal-cumDistrict Judge, Medak at Sangareddy, claiming a sum of Rs.1,50,000/as compensation, under Section 166 of the of the Motor Vehicles Act, 1988 (for short ‘the Act’) and O.P.No.376 of 1996, for a sum of Rs,50,000/- as compensation, towards no fault liability, under Section 140 of the Act.

2. Through a common order, dated 30.10.1998, the Tribunal dismissed O.P.No.376 of 1996 and awarded a sum of Rs.1,20,000/- as compensation in O.P.No.375 of 1996. However, it held that the appellants are entitled to be paid half of the awarded amount, on the ground that the deceased was equally liable for the accident









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