Kuppala Ratnamala vs Shaik Basheer - 2024 Supreme(AP) 758

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(AP) 758

V. SRINIVAS
Kuppala Ratnamala – Appellant
Versus
Shaik Basheer – Respondent

Advocates:
Advocate Appeared:
For the Appellant : B.V. Krishna Reddy.
For the Respondents: N. Rama Krishna, P. Bhaskar, T.V. Sri Devi.

JUDGMENT :

V. SRINIVAS, J.

1. This appeal is directed against the order, dated 07.10.2011 passed in M.V.O.P. No. 1038 of 2009 on the file of the learned Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, Eluru (hereinafter called as “the Tribunal”).

2. The Appellants are claimants/petitioners and Respondent No. 1 is driver and Respondent No. 2 is owner of the crime vehicle. The Respondent No. 3 and 4 are insurers.

3. For the sake of convenience, the parties hereinafter are referred as they arrayed before the tribunal.

4. The case of the claimants, in the petition before the Tribunal is that:

(i) On 05.06.2009 at about 4.00 P.M., in Gopalapuram Village of Agiripalli Mandal of Krishna District, one K. Durga Rao (hereinafter referred as “deceased”) who is husband of petitioner No. 1, father of petitioner Nos.2 and 3 and son of petitioner Nos. 4 and 5 along with one Kuppala Venkataramaiah boarded Auto bearing No. AP 16 TT 5492. When the auto reached near Gopalpuram Village near K.M. Stone No. 4, Respondent No. 1 who is driver of Truck Auto bearing No. AP 16 TW 1729 coming from Agiripalli side, drove the same in a rash and negligent manner at high speed without following