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2004 Supreme(AP) 460

C.Y.SOMAYAJULU
APSRTC – Appellant
Versus
N. Krishna Reddy – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) WHILE travelling in the van bearing no. AP 02 T 1458 belonging to the second respondent and insured with the third respondent, first respondent received injuries as a result of the collision between the said van and a bus belonging to the appellant. Alleging that the said accident took place due to the rash and negligent driving of the driver of the bus belonging to the appellant, first respondent filed a claim petition seeking compensation of rs. 75,000/- from respondents 2, 3 and the appellant. Second respondent chose to remain exparte both before the tribunal and this Court. Third respondent and the appellant filed counters contesting the claim petition. In support of his case, first respondent examined himself as P. W. 1 and marked Exs. A-1 to A-5. Third respondent did not adduce evidence, either oral or documentary on its behalf. Appellant examined the driver of the bus involved in the accident as R. W. 1 but did not adduce any documentary evidence. Holding that the accident occurred only due to the negligence of R. W. 1, the Tribunal awarded rs. 52,186/- as compensation to the first respondent against the appellant and exonerated respondents 2 and 3












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