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2023 Supreme(AP) 417

T. MALLIKARJUNA RAO
Andhra Pradesh State Road Transport Corporation – Appellant
Versus
Sayala Mariyamma – Respondent


JUDGMENT :

1. Aggrieved by the Order dated 22.06.2015 in MVOP.No.55 of 2014 passed by the Chairman, Motor Accident Claims Tribunal – Cum – I Additional District Judge, West Godavari at Eluru (for short ‘the Tribunal’, the appellant who arrayed as 2nd Respondent in MVOP.No.55 of 2014 filed this appeal questioning the correctness of the award.

2. For convenience's sake, hereinafter, the parties will be referred to as arrayed in MVOP.No.55 of 2014.

3. The claimants filed a petition under section 166 of M.V.Act, claiming compensation of Rs.8,00,000/-on account of the death of Sayala Prasad (hereinafter will be referred to as 'the deceased') in a motor vehicle accident that occurred on 18.05.2013.

4. The claimant's case is that on 18.05.2013 at about noon, while the deceased was selling guava fruits at the Toll Plaza, Kalaparru, at that time, one A.P.S.R.T.C bus bearing No.AP37-Z-0061 (hereinafter will be referred to as 'the offending bus'), being driven by its driver, i.e., 1st Respondent, in a rash and negligent manner at high speed and even without blowing any horn or following the traffic rules, coming from Vijayawada and going towards Eluru, suddenly came and dashed against the dec

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