Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
A. Ramulu (Died) – Appellant
Versus
Andhra Pradesh State Road Transport Corporation – Respondent
| Table of Content |
|---|
| 1. factual basis of claim and respondent's denial. (Para 1) |
JUDGMENT :
B.R. MADHUSUDHAN RAO, J.
1. This Memorandum of Motor Accident Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the MV Act, 1988’) assailing the Award passed by the IV Additional Metropolitan Sessions Judge-cum-XVIII Additional Chief Judge, Hyderabad, in O.P.No.1550 of 2005 dated 03.12.2007.
2.1. Appellants are the petitioners and sole respondent is the respondent in O.P.
2.2. Notice got issued to the respondent in the appeal is served on 12.01.2009, none appeared.
3.1. Appellants-petitioners have filed claim petition under Section 166 of the M.V.Act claiming compensation of Rs.4,00,000/- for the death of Anantha Narsamma with interest at 9% per annum from the date of filing the petition with costs and interest.
3.2. Appellant No.1-petitioner No.1 is the husband and appellant Nos.2 to 4-petitioner Nos.2 to 4 are the sons of deceased Anantha Narsamma.
3.3. It is stated in the O.P. that on 07.03.2005, at about 07.00 a.m., while Anantha Narsamma was crossing the road near Risala Bazar, Kanchi Muthyalamma Temple in Secunderabad opposite to Electrical transform
Contributory negligence must be established by evidence, and the court granted enhanced compensation recognizing the deceased's age and clarifying the error in previous judgment.
The appellate court must ensure just compensation is awarded, overriding findings of contributory negligence unless clearly evidenced otherwise, affirming courts' obligation to award fair compensatio....
Court determined enhanced compensation in a motor accident case, affirming negligence of the bus driver and correcting inadequate compensation based on proper income assessment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
