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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SUJATHA
APSRTC – Appellant
Versus
M Gowramma – Respondent
JUDGMENT :
V.SUJATHA, J.
The APSRTC filed the present appeal against the order and decree dated 22.11.2017 passed in M.V.O.P.No.273 of 2014 by the learned Chairman, Motor Accidents Claims Tribunal-cum-VIII Additional District Judge, Ananthapuramu, whereby and whereunder the Tribunal granted compensation of Rs.10,00,000/- (Rupees Ten Lakhs only) to the petitioners and respondent No.2 therein/respondent Nos.1 to 4 herein, as per their claim, on account of the death of the deceased M. Ramana @ D.Ramana in a motor accident that occurred on 09.11.2013.
2. The appellant/APSRTC is the 1st respondent, respondent Nos.1 to 3 herein are the petitioners, respondent No.4 herein (mother of the deceased) is the 2nd respondent and respondent No.5 herein/driver of the offending vehicle is 3rd respondent before the Tribunal.
3. For the purpose of convenience, the parties will be referred to as they are arrayed before the Tribunal.
4. The case of the claimants, in brief, is as follows:
The 1st petitioner is the wife, 2nd petitioner is the daughter and 3rd petitioner is the son of the deceased M.Ramana. On 09.11.2013 at about 6.30 a.m., while the deceased, along with his assistant as pillion rider, was goin
The judgment affirms liability for compensation due to negligence, emphasizing the importance of eyewitness evidence, and validates the Tribunal's approach to determining compensation based on the de....
The main legal point established in the judgment is the application of the standard of preponderance of probabilities to determine negligence in Motor Accident Compensation cases, and the distinction....
Contributory negligence was unfounded; the deceased's compensation enhanced to Rs.12,84,694 due to lack of evidence on negligence.
The court determined that compensation should be calculated on just, reasonable grounds, adhering to legal precedents for deductions and contributions, reflecting the actual loss sustained by the cla....
Contributory negligence must be proven and cannot be inferred; the deceased was not negligent, leading to a modified compensation of Rs.23,61,250.
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