B.PRAKASH RAO, B.CHANDRA KUMAR
Bhupati Prameela – Appellant
Versus
Superintendent of Police, Vizianagaram – Respondent
(B. Chandra Kumar, J.)
Since these two Civil Miscellaneous
Appeals arise out of the same accident and involve almost similar facts and legal issues, they are being disposed of by this common order.
2. The appellants in C.M.A.No.4845 of 2004 are the claimants in M.V.O.P.No.725 of 2001. They filed a claim petition before the Motor Accidents Claims Tribunal (District Judge) at Vizianagaram ('the Tribunal', for brevity) under Section 163-A of the Motor Vehicles Act, 1988 ('the Act', for brevity) claiming a total compensation of Rs.4,00,000/- on account of death of one Shaik Ismail, who was working as driver in Police Department and who died in a motor accident. The appellants in C.M.A.No.4844 of 2004 are the claimants in M.V.O.P.No.818 of 2001. They claimed a total compensation of Rs.15,00,000/- on account of death of one Bhupathi Sriramulu, who was working as police constable and who died in a motor accident. Both the M.V.O.Ps were clubbed together and disposed of by common order dated 27.10.2004 by the Tribunal. The Tribunal held that the accident was not due to the rash and negligent driving of the bus driver and it was due to the landmine blast and, therefore, the claimants ar
New India Assurance Company Limited rep by its Deputy Manager
Himachal Road Transport Corporation v. Baldev Kumar Nayyer: 2007 ACJ 678 (P&H). (Para 19)
Rathnashalvan v. State of Karnataka: (2007) 3 SCC 474. (Para 30)
State of Karnataka v. Muralidhar: 2009 ACJ 1526. (Para 31)
V.G. Sumant v. Shailendra Kumar: AIR 1980 M.P 101. (Para 34)
Rajni Soni v. Hemraj: 2009 ACJ 551.(Para 36)
Andhra Pradesh State Road Transport Corporation v. P. Venkat Rao: 2001 (4) ALT 466. (Para 38)
Medikonda Narasamma v. Shaik Basheer Ahmed: AIR 2001 (A.P) 114. (Para 39)
State of Madhya Pradesh v. Kishori Paragniha: AIR 1998 M.P 109. (Para 41)
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