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2008 Supreme(SC) 914

ARIJIT PASAYAT, P.SATHASIVAM
ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
K. HEMLATHA – Respondent


ADVOCATES APPEARED
R. Santhanakrishnan, Praveen K. Pandey and D. Mahesh Babu, Advocates, for the Appellants;
K. Maruthi Rao, Ms K. Radha and Ms Anjani Aiyagari, Advocates, for the Respondents.

Judgment

DR. ARIJIT PASAYAT, J.- Leave granted.

2. Challenge in these appeals is to the judgment of a learned Single Judge of the Andhra Pradesh High Court disposing of several appeals filed under Section 173 of the Motor Vehicles Act, 1988 (in short "the Act"). Appeals were filed by the claimants as well as the present appellant Corporation and its functionaries. By the impugned judgment the High Court partly allowed the appeal filed by the claimant while dismissing the appeal filed by the appellant Corporation.

3. One K. Lingam lost his life purportedly in a vehicle accident. His widow and the minor children claimed compensation. Similarly his widow Smt K. Hemlatha also claimed compensation for about Rs 8,00,000 while the injured claimant in respect of the same accident claimed compensation of Rs 1,00,000.

4. It was the case of the claimants that on 19-3-1998 the deceased and injured claimant in OP No. 878 of 1998 were proceeding on motorbike bearing No. AP 10 J 5350 towards Yadagirigutta, and when they reached the RTC bus depot at Yadagirigutta, bus bearing No. AP 9 Z 3972 belonging to A.P. SRTC, came from back side and dashed the motorcycle. In the said accident, the deceased an













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