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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUDDALA CHALAPATHI RAO
S Dakya – Appellant
Versus
Telangana State Road Transport Corporation TSRTC Rep. by its Managing Director – Respondent
JUDGMENT :
Suddala Chalapathi Rao, J.
This Appeal is filed by the appellant/claimant assailing the Award, dt.17.12.2017, in MVOP.No.769 of 2017 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-The Court of the Chief Judge, City Civil Court, Hyderabad (for short ‘the Tribunal’), by which the claim of the appellant seeking compensation was dismissed.
2. For the sake of convenience, the parties will hereinafter be referred to as arrayed before the Tribunal.
Brief facts of the case:
3. The claimant filed a petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.8,00,000/- for the injuries sustained by him in a road accident that took place on 18.07.2015. On the fateful day, while the claimant was proceeding in a RTC Bus bearing registration No.AP 11 Z 7004 from Koti, Osmania Medical College, towards Abids, and on the bus reaching GPO at Abids, the claimant while alighting the bus fell down as the driver drove the bus in a rash and negligent manner with high speed, due to which his left hand came under the bus tyre and was crushed and broken, and also the claimant sustained grievous injuries. Immediately after the incident, the claimant was s
Public transport drivers have a duty to ensure passenger safety while boarding or alighting; injuries sustained can impose liability unless contributory negligence is established.
The main legal point established in the judgment is the application of the standard of preponderance of probabilities to determine negligence in Motor Accident Compensation cases, and the distinction....
Negligence in motor vehicle accidents is determined by the preponderance of probabilities, and the burden of proof for contributory negligence lies with the party alleging it. The absence of cogent e....
The court established that in cases of composite negligence, a victim should not bear any contributory negligence and is entitled to full compensation from the negligent parties.
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