Telangana High Court

MACMA/4368/2012 of The AP State Road Transport Corporation Vs Vaddhi Santha Kumari on 28 December 2012

Cites 0, Cited by 0

SRI JUSTICE V.ESWARAIAH AND THE HONOURABLE SRI JUSTICE K.G.SHANKAR MACMA No.4368 OF 2012 O R D E R: (Per the Hon’ble Sri Justice V.Eswaraiah) The A.P.S.R.T.C filed this appeal against the order dated 25-11- 2011 in O.P.No.109 of 2009, on the file of the Chairman, Motor Accidents

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

THE HONOURABLE SRI JUSTICE V.ESWARAIAHANDTHE HONOURABLE SRI JUSTICE K.G.SHANKAR

MACMA No.4368 OF 2012

O R D E R:(Per the Hon’ble Sri Justice V.Eswaraiah)

The A.P.S.R.T.C filed this appeal against the order dated 25-11-2011 in O.P.No.109 of 2009, on the file of the Chairman, Motor AccidentsClaims Tribunal-cum-District Judge, Ananthapur (for short ‘the Tribunal’).

The claimants/respondents 1 to 6 herein filed the aforesaid O.Pclaiming a compensation of Rs.12,00,000/- on account of death of oneB.Chandra Prasad, the husband of the 1[st] respondent and the father ofrespondents 2 to 4 and the son of respondents 5 and 6 due to compositenegligence of driver of the Trailor-lorry bearing No.AP 04-V-4873 as wellas the bus bearing No.AP11-Z-4563. The Tribunal by the aforesaid orderdated 25-11-2011 awarded compensation of Rs.12,00,000/- along with8% interest per annum payable by the respondents in the aforesaid O.Pi.e., A.P.S.R.T.C, the Insurance Company and the owner of the lorry.

As there is a joint and several liability, the A.P.S.R.T.C has chosento file this appeal but whereas the Insurance Company is not aggrievedby the said order. It is stated that the insurance company has depositedRs.15,16,684/- towards the entire compensation of Rs.12,00,000/- alongwith 8% interest per annum and costs before the Tribunal on 16-4-2012. Thus, it is stated that the 8[th] respondent/Insurance Company hassatisfied the decree of the Tribunal. If that be so, there cannot be anygrievance for the A.P.S.R.T.C as the Insurance Company is not inclinedeven to proceed against the A.P.S.R.T.C for the aforesaid liability. As the 8[th] respondent/insurance company has already complied with thedecree, the grievance of the A.P.S.R.T.C/the petitioner herein does notsurvive.

The appeal is accordingly dismissed. No costs.

_______________

(V.ESWARAIAH,J)

Dated: 28-12-2012grk

_______________(K.G.SHANKAR,J)

THE HONOURABLE SRI JUSTICE V.ESWARAIAHANDTHE HONOURABLE SRI JUSTICE K.G.SHANKAR

(The order of the Bench delivered by theHon’ble Sri Justice V.Eswaraiah)

MACMA No.4368 OF 2012

Dated: 28—12—2013

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead