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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.HARI HARANADHA SARMA
Depot Manager, APSRTC – Appellant
Versus
Siripurapu Kowsalaya Others W/o Lakshminarayana – Respondent
JUDGMENT :
A.HARI HARANADHA SARMA, J.
Introductory:
1. Both M.A.C.M.A.Nos.3012 of 2012 and 837 of 2014 are directed against the order and decree dated 21.10.2011 passed in M.O.P.No.41 of 2011 by the Chairman, Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Visakhapatnam (for short “the learned MACT”).
2. The respondents before the learned MACT, representing the A.P.S.R.T.C., filed M.A.C.M.A.No.3012 of 2012 disputing the liability and quantum of compensation, whereas the claimants before the learned MACT filed M.A.C.M.A. No.837 of 2014 seeking enhancement of compensation.
3. The driver of the A.P.S.R.T.C. bus bearing No.AP 28 Z 2579 (hereinafter referred to as “the offending vehicle”), who is arrayed as respondent No.1 before the learned MACT, is a proforma party in these appeals. He remained ex parte before the learned MACT.
4. For the sake of convenience, the parties will be hereinafter referred to as “the claimants” and “the respondents”, with reference to their status before the learned MACT.
Case of the claimants:
5(i). One Siripurapu Lakshminarayana (hereinafter referred to as “the deceased”) is the husband of claimant No.1, father of claimant No.2 and son of claiman
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In motor accident claims, negligence should be evaluated based on the preponderance of probabilities, and compensation must be just and reflective of loss, including future prospects.
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