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T. MALLIKARJUNA RAO
Andhra Pradesh State Road Transport Corporation – Appellant
Versus
Gallepogu Bhushanam – Respondent
| Table of Content |
|---|
| 1. circumstances leading to the accident and its implications. (Para 1 , 3 , 4) |
| 2. counterarguments from parties regarding liability. (Para 5 , 6 , 7 , 8) |
| 3. tribunal's finding on negligence in the accident. (Para 10) |
| 4. analysis of insurance liability and obligations. (Para 14) |
| 5. final decision on liability and compensation awarded. (Para 15) |
JUDGMENT :
1. Aggrieved by the award and decree dated 08.05.2015 in M.V.O.P. No.85 of 2012 passed by the Chairman, Motor Accidents Claims Tribunal-cum-VII Additional District Judge, Ongole (for short, "the tribunal"), whereby the tribunal awarded compensation of Rs.1,42,500/-with interest 9% per annum against the respondents 1, 2 and 4 and dismissed the claim against the 3rd respondent, the 4th respondent, A.P.S.R.T.C., has preferred the present appeal questioning the award passed by the tribunal.
2. For convenience, the parties herein will be referred to as per their rankings in the M.V.O.P.
3. The claim is filed under Section 166 of the MOTOR VEHICLES ACT , 1988, for compensation of Rs. 6,00,000/-on account of the death of Gallepogu Yerra Kotaiah (hereinafter referred to as ‘the deceased’), in a road accident that occurred on 16.
The main legal point established in the judgment is the liability of insurers in cases of negligent driving and the apportionment of compensation in accordance with the Motor Vehicles Act, 1988.
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