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