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2006 Supreme(AP) 1528

C.Y.SOMAYAJULU
Gosala Ramadevi – Appellant
Versus
P. Sivanarayana – Respondent


ORDER :-Appellants, who are the wife, parents, grand parents and son of Gosala Ramana (the deceased) who died in a motor vehicle accident filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (the Act), seeking compensation of Rs.4,00,000/- from the respondents who are the owner and insurer of the Jeep which was being driven by the deceased himself at the time of the accident on the ground that the deceased was earning Rs.3,000/- per month as salary. First respondent chose to remain ex parte. Second respondent filed its counter inter alia contending that inasmuch as the owner violated the terms of the policy issued by it by permitting 13 people to be carried in the Jeep when its capacity is only 10. It is not liable to pay compensation and that the appellants have to prove that they are entitled to the compensation claimed. In support of their case, appellants examined the second appellant as P.W.1 and marked Exs.A1 to A5. No evidence either oral or documentary was adduced on behalf of the second respondent. The Tribunal held that inasmuch as the deceased himself was responsible for the accident, the appellants are not entitled to any compensation and dismissed t













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