2006 Supreme(AP) 1358
C.Y.SOMAYAJULU
Shaik Babumiya – Appellant
Versus
General Manager, APSRTC, Hyderabad – Respondent
ORDER :-Appellants who are the husband and children of Smt. Khaja Bee (the deceased) filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (the Act), seeking compensation of Rs.80,000/- alleging that the deceased died due to an accident caused by the rash and negligent driving of the bus belonging to the respondent. Respondent contested the petition inter alia on the ground that the deceased herself was responsible for the accident. In support of their case, appellant examined the first appellant as PW and another witness as PW2 and marked, Exs.A 1 to A6. No evidence either oral or documentary was adduced on behalf of the respondents. It should be stated that the appellants also filed a claim petition under Section 140 of the Act seeking compensation under no fault liability. The Tribunal clubbed both the claim petition and recorded a finding that inasmuch m there is no evidence on record to show that the deceased died as a result of the injuries received by her in the accident, they are entitled to compensation under Section 140 of the Act and awarded Rs.12,000/- in the claim petition filed under Section 140 of the Act and dismissed the petition filed under Sect
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