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2012 Supreme(Online)(AP) 2

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
S. V. Bhatt, J
Claimants – Appellant
Versus
Insurance Company – Respondent


Advocates:
For the Appellants/Petitioners: Counsel for claimants
For the Respondents: Counsel for the Insurance Company

1. The appellants - claimants are dependants of the deceased Venkateswara Rao who was driver of lorry bearing No. AP 16 - X 6788 belonging to the respondent No. 1 and insured with the respondent No. 2 insurance company. The deceased died on 15.10.2005 at about 5 a.m. near Pudur Railway Gate, Vaniyambadi of Vellore of Tamil Nadu State. As the railway gate was closed, the deceased stopped his lorry and thereafter suffered sudden chest pain and collapsed. Deceased died of sudden heart attack. Post - mortem certificate of the deceased, Exh. A3, disclosed that he died of myocardial infarction (heart attack). In those circumstances, the claimants approached the Motor Accidents Claims Tribunal - cum - First Additional District Judge, Krishna at Machilipatnam and filed M.V.O.P. No. 8 of 2006 claiming compensation of Rs. 6,00,000 for death of the deceased under S.163 - A of the Motor Vehicles Act (in short, 'the Act'). The Tribunal negatived the appellants' claim for compensation on the ground that they failed to show that death of the deceased resulted from an accident arising out of use of a motor vehicle.

2. The above facts in this case are not in dispute. There is also no dispute that in






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