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2014 Supreme(Kar) 575

K.L.MANJUNATH, RAVI MALIMATH
Andhra Pradesh State Road Transport Corporation – Appellant
Versus
Rathnakar – Respondent


Advocates Appeared:
For the Appellants:D. Vijaya Kumar, Advocate.
For the Respondents:Suguna R. Reddy, Advocate.

Judgment :

1. The case of the claimant is that on 24-7-2008 at about 4.30 pm, one B.A. Kumaraswamy, being the driver of the APSRTC bus bearing Registration No AP-10 Z-5512, drove the same on Nellipatla-Kolamasanapalli road in a high speed and negligent manner and while negotiating a curve, he came on the wrong side of the road i.e. on the right side of the road and dashed against a Marathi van bearing Registration No KA-03 MC-7788, which was coming from the opposite direction. As a result of the accident, the inmates of the Maruthi car sustained grievous injuries.

2. The claimant in this case Rathnakar filed MVC No 9272 of 2008 seeking compensation for the injuries sustained by him. The other inmates of the car also filed separate claim petitions.

3. The tribunal heard all the claim petitions together and a common judgment and award was passed. The claim petition of the appellant in MFA No 9190 of 2012 was partly allowed awarding a total compensation of Rs 1,76,200/-with interest at the rate of 6% p.a. from the date of claim petition till the date of realization. Seeking enhancement of the compensation, the claimant has filed MFA No 9190 of 2012 and questioning the liability and ex


















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