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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
Telangana State Road Transport Corporation – Appellant
Versus
Balapeeramma – Respondent
| Table of Content |
|---|
| 1. appeal filed against tribunal's judgment (Para 1 , 2) |
| 2. description of the accident leading to the claim (Para 3) |
| 3. counterarguments regarding contributory negligence (Para 4) |
| 4. identification of legal issues for determination (Para 5 , 11) |
| 5. tribunal's compensation awarded and appeal arguments (Para 6 , 9) |
| 6. facts of negligence in the accident (Para 7) |
| 7. court's analysis on compensation calculation (Para 10 , 12 , 13) |
| 8. final judgment on reduction of compensation awarded (Para 14) |
JUDGMENT :
TIRUMALA DEVI EADA, J.
This appeal is filed by the RTC, aggrieved by the judgment and decree dated 30.10.2019 in M.V.O.P.No.1306 of 2016 passed by the Motor Accident Claims Tribunal-cum-XIV Additional Chief Judge (FTC), City Civil Court at Hyderabad (for short “the Tribunal”).
2. For convenience and clarity, the parties herein are referred to as they were arrayed before the Tribunal.
3. The case of the claimants before the Tribunal is that on 17.01.2016, the deceased along with another person proceeding from Godal to Kothakuntapally on CT 100 bearing No.AP-09 AN- 1627 and when they reached Lingala X Roads, one TSRTC bus bearing No. AP-11Z-3772 driven by its driver at a high speed
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....
The court established that both drivers were negligent in a fatal accident, leading to an enhanced compensation of Rs.21,06,140 for the claimants.
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