GODA RAGHURAM, G.V.SEETHAPATHY, SANJAY KUMAR
APSRTC, rep. by its General Manager – Appellant
Versus
B. Kanakaratnabai – Respondent
(Sanjay Kumar, J.)
1. By common order dated 20.09.2007 passed in L.P.A. Nos. 206, 207, 208 & 219 of 2000 and 6 of 2002 , a learned the question as to whether compensation payable in respect of the Andhra Pradesh State Road Transport Corporation (APSRTC) should be born by the owner of the vehicle, the Insurance Company, the APSRTC or by some or all of them. The order of reference reads as under:
“The vehicle, which was involved in the accident giving rise to a claim, was on lease with State Road Transport Corporation. The vehicle was also insured with the insurance company, insured by its owner. The question, in these circumstances, is whether the compensation has to be paid by the owner, by the Insurance Company or A.P.S.R.T.C., or by some or by all. There are at least nine judgments of this Court on this question, out of which, three are Division Bench Judgments, reported in (1) District Co-operative Central Bank Ltd. v. P.V. Sitamahalaxmi [2004 (2) ACJ 1332], (2) Depot Manager, APSRTC, Miryalaguda v. Poreddy Sujatha [2003 (5) ALD 586] and (3) New India Assurance Co. Ltd. v. B.G. Suma [2004 (2) ACJ 883].
2. We find there is cleavage of opinion in these judgments. We t
Depot Manager, APSRTC, Miryalaguda v. Poreddy Sujatha
Rikhi Ram v. Sukhrania [(2003) 3 SCC 97].
AMRIT LALA SOOD V/S. KAUSHALYA DEVI THAPAR 1998 ACJ 531 (SC) + (1998) 3 SCC 744.
NEW INDIA ASSURANCE CO. LTD. V/S. B.G.SUMA 2002 (6) ALT 465 (DB)
MADINENI KONDAIAH AIR 1986 AP 62 (FB).
RIKHI RAM AIR 2003 SC 1446 = (2003) 3 SCC 97 = 2003 ACJ 534.
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