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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.HARI HARANADHA SARMA
Depot Manager APSRTC – Appellant
Versus
Allada Chayadevi W/o Late Allada Trinadha Rao – Respondent
| Table of Content |
|---|
| 1. overview of the accident and parties involved. (Para 1 , 2 , 3 , 5 , 6 , 7) |
| 2. arguments regarding liability and compensation. (Para 8 , 9) |
| 3. findings on negligence and cause of accident. (Para 10 , 14 , 15 , 16 , 17 , 18) |
| 4. statutory and precedential guidance on compensation. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 5. final decision on appeals and compensation enhancement. (Para 38 , 39) |
JUDGMENT :
A. HARI HARANADHA SARMA, J.
Introductory:
1. Both MACMA Nos. 1131 of 2012 and 1611 of 2012 are directed against the award and decree dated 12.01.2012 passed in M.O.P.No.839 of 2007 by the Chairman, Motor Accidents Claims Tribunal-cum-District Judge, Visakhapatnam (for short “the learned MACT”).
2. Respondent Nos.2 and 3, representing A.P.S.R.T.C. before the learned MACT, are the appellants in M.A.C.M.A.No.1131 of 2012 and the claimants before the learned MACT are the appellants in M.A.C.M.A.No.1611 of 2012.
3. Respondent No.1 in M.A.C.M.A.No.1611of 2012, who is respondent No.4 in M.A.C.M.A.No.1131 of 2012 is the driver of the A.P.S.R.T.C. bus bearing registration No.AP 10 Z 1901 (hereinafter referred to as “the offending vehicle”) and he is a proforma party in these appeals. He re
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