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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs. Justice J.Nisha Banu, Mr. Justice R.Sakthivel, JJ
Andhra Pradesh State Regional Transport Corporation rep. by its Regional Manager, Chittoor, Andhra Pradesh – Appellant
Versus
Ramesh, S/o Appunu – Respondent
JUDGMENT :
J. Nisha Banu, J.
These appeals have been filed by the Transport Corporation against the common judgment and decree dated 28.02.2022 passed in MCOP.No.240 of 2016 and M.C.O.P.No.147 of 2016 respectively by the Motor Accident Claims Tribunal (Subordinate Judge) at Gudiyatham, by which, the appellant Transport Corporation was directed to pay a sum of Rs.27,22,932/- and Rs.13,69,600/- as compensation to the injured claimants respectively.
2. For the sake of convenience, the parties will be referred to as per their array before the Motor Accident Claims Tribunal.
3. The case of the petitioners in the claim petitions is that on 03.03.2016 at about 14.00 hrs, both the petitioners viz., Dinakaran and Ramesh were travelling in a two wheeler bearing Reg.No.TN-23-BU- 5423 as pillion rider and rider respectively, from Rajakkal to V.Kota. When they were nearing Bathrapalli Seventh Day Adventist Church, a APSRTC Bus bearing Reg.No.AP-03-Z-0070 came in a rash and negligent manner and hit against the petitioners' two wheeler. In the said accident, both the petitioners sustained grievous injuries and were admitted in Government Hospital, Pernambut. Subsequently, they were referred to Govern
The court confirmed the Tribunal's findings of negligence by the bus driver and upheld the compensation awarded to the injured claimants, emphasizing the reasonable assessment of damages.
The central legal point established in the judgment is the assessment of reasonable compensation for injuries sustained in a motor vehicle accident, considering factors such as pain and suffering, me....
Appellant Transport Corporation is directed to deposit the entire award amount along with interest and costs as assessed by the Tribunal after deducting the amount already deposited if any to credit ....
The court emphasized the importance of evidence in establishing negligence and determining reasonable compensation under the Motor Vehicles Act.
The determination of negligence, calculation of disability, and assessment of compensation under the Motor Vehicles Act, 1988.
The main legal point established in the judgment is the assessment of negligence and compensation for injuries under the Motor Vehicles Act.
Public transport drivers have a duty to ensure passenger safety while boarding or alighting; injuries sustained can impose liability unless contributory negligence is established.
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