Andhra Pradesh State Road Trans. Corpn. v. Thota Padmaja Shalini and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(AP) 5029

ANDHRA PRADESH HIGH COURT
A. Rama Rao, J
Andhra Pradesh State Road Trans. Corpn. v. Thota Padmaja Shalini and Others

Advocates:
For the Appellants/Petitioners: Mr. Aravala Rama Rao
For the Respondents: Mr. Koppula Gopal

Table of Content
1. overview of the fatal accident and initial proceedings. (Para 1 , 2)
2. arguments presented for both sides regarding liability. (Para 3 , 4 , 5 , 6)
3. court's analysis of the evidence and determination of liability. (Para 7 , 8 , 9)
4. final decision on compensation and directives. (Para 10)

1. Challenging the order dated 16.12.2009 in MVOP No. 676 of 2005 passed by the learned Chairman, Principal Motor Accidents Claims Tribunal - cum - Principal District Judge, Nellore granting compensation of Rs. 48,58,400 against the claim of Rs. 70,00,000 for the death of one Thota Ramesh Babu in APSRTC bus accident, the respondent - APSRTC filed the instant appeal.

2. The matrix of the case is thus:
(a) The deceased was a Software Engineer working in Satyam Computer Services at Hyderabad. On 15.7.2005 at about 7.30 p.m. when the deceased was proceeding as a pillion rider on a two - wheeler driven by his colleague Racharla Siva Prasad on Venkatagiri Cross Road No. 5, Jubilee Hills, Hyderabad, the offending APSRTC bus bearing No. AP 10 - Z 1581 being driven by its driver at high speed and in a rash and negligent manner came and dashed the two - wheeler from behind due to which the