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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, GADI PRAVEEN KUMAR
Telangana State Road Transport Corporation Limited – Appellant
Versus
Manthena Pushpa – Respondent
| Table of Content |
|---|
| 1. establishment of deceased's identity crucial for claims. (Para 1 , 2 , 3 , 5 , 11) |
| 2. analysis of contributory negligence and bus driver's action. (Para 14 , 15 , 16 , 20) |
| 3. final ruling maintaining the tribunal's order. (Para 23 , 24 , 25 , 26) |
JUDGMENT:
1. The present Appeal has been filed by the Telangana State Road Transport Corporation Limited (‘TSRTC’) against order dated 13.12.2016 passed by the Motor Accident Claims Tribunal (District Judge) at Nizamabad (‘Tribunal’) in MVOP.No.110 of 2015.
3. The Tribunal apportioned the compensation amount between the respondent No.1/claimant No.1 (wife of the deceased) and the respondent Nos.2 to 4/claimant Nos.2 to 4 (children of the deceased). The appellants were directed to deposit the compensation within one month from the date of the Award. The claimant No.1 was permitted to withdraw Rs.5,20,600/- with proportionate costs and interest and the balance amount was to be kept in fixed deposit with any Nationalised Bank for a period of two years.
5. According to learned counsel appearing for the appellants, the identity of the deceased was not established before the Tribunal and hence the impugned order should be set aside.
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