Andhra Pradesh Court January 1989 Judgments
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Smt. Manne Bala Saraswathi and Others Vs. Pilchale Subbarao and Anothe ...
Court: Andhra Pradesh
Decided on: Jan-20-1989
Reported in: 1990ACJ518; AIR1990AP95
1. It is rather unfortunate that the scooterist along with whom the deceased Prasada Rao was travelling as pillion rider brought about this situation which caused the death of Prasada Rao. The deceased Prasada Rao the husband of the first appellant, father of appellants 2 and 3 who are minors, and son of the fourth appellant, died in an accident on Aug. 5,1983 at about 8 a.m. He was a pillion rider in the sctoor and the deceased were coming opposite to the Corporation Bus A AZ 7148 driven by R. W. 1, the first Respondent. They were coming to Rushikonda. The accident took place when the bus travelled for 20 yards after passing Rushikonda on BheemunipatnamVisakha-patnam beach road.2. It is the case of the appellants that the first respondent was coming rashly and negligently down gradient at that place. The deceased and the scooterist were coming upgradient very cautiously and due to rash land negligent driving of the first respondent, the accident occurred. The deceased was working as s...
D. Narayanaswami Vs. Suresh Gupta and Others
Court: Andhra Pradesh
Decided on: Jan-20-1989
Reported in: 1990ACJ220; AIR1990AP53
1. These three appeals arise out of the same accident occurred on April 4, 1982. Therefore, they are disposed of by common judgment. The Tribunal below also disposed of all the three original petitions by a common judgment.2. The appellant is the owner of the vehicle TNH 9145. One Sarata Rani and the respondents in the civil miscellaneous appeals, her husband and children along with one Radha Vallabha Swamy were proceeding in the car TMW 8262 from Tirumala to Madras. When the car reached Anjalamma Kanuma, it is the appellant's case, the driver Dandapani was driving the bus. The driver of the car by name Kabali rashly and negligently drove the car and as a result of which the accident has taken place. Therefore, the appellant is not liable for payment of any damages as compensation for the loss of the lives of Sarala Rani, Kabali, the driver of the car and also for the injuries caused to the first respondent, Suresh Gupta. On the other hand, the case of the first respondent and the wido...
New India Assurance Co. Ltd. Vs. Namburi Simhachalam and ors.
Court: Andhra Pradesh
Decided on: Jan-20-1989
Reported in: [1990]68CompCas571(AP)
K. Ramaswamy, J.1. The appellant-insurance company is resisting the claim of the respondents under section 92A of the Motor Vehicles Act (Act 4 of 1939), as amended by the Amendment Act 4 of 1982, with effect from October 1, 1982 (hereinafter referred to as 'the Act'). 2. The admitted facts are that, N. Achaiah, the deceased, died in an accident on January 27, 1983, as a result of the rash and negligent driving by the driver of the vehicle bearing number ADI 3965. The claimants-respondents laid the claim initially under section 110A of the Act. There was delay in laying the claim and the same was refused to be condoned. Thereafter, an application was made by the claimants for 'no-fault liability' under section 92A of the Act. The Tribunal below awarded a sum of Rs.15,000 with 12 per cent. interest per annum on that count. Assailing the legality thereof, the present appeal has been filed. 3. The contention of Sri S.V.R.S. Somayajulu, learned counsel for the appellant-company is that the...
S. Ramesh Rao Vs. Bharat Heavy Electricals Ltd. and ors.
Court: Andhra Pradesh
Decided on: Jan-20-1989
Reported in: (1989)IILLJ485AP
ORDER1. The writ petition is filed for the issue of a writ of certiorari calling for the records relating to the impugned Proceedings No. PA/W8/8006/86, dated 17th March 1986 issued by the 3rd respondent and to quash the same. 2. The petitioner in this case is an Advocate, belonging to the Scheduled Caste community, who has put in a period of three years as a practising advocate. The brief facts leading to the filing of the writ petition are that Bharat Heavy Electricals Limited, Ramachandrapuram Unit, Respondent No. 1 herein, which is a Government of India undertaking, had issued a notification in several English dailies dated 10th August 1985 calling for applications for the post of one Law Officer. The last date for receipt of applications was notified as 6th September 1985. It is alleged by the petitioner that about 70 applications were received by the 3rd respondent, the Additional General Manager, Personnel and Administration, Ramachandrapuram, Hyderabad and about 30 candidates a...
B. Mohan Reddy Vs. A.P. State Co-op. Marketing Federation Ltd.
Court: Andhra Pradesh
Decided on: Jan-18-1989
Reported in: (1993)IIILLJ417AP
Syed Shah Mohammed Quadri, J . 1. The petitioner was an employee of the respondent Federation. He was appointed as a sales assistant in September, 1965. Later, he got promotion and in 1982, when he was working as Manager (Fertilisers) his services were terminated as he is said to have abstained from duty. By proceedings Rc. No. ME2/SM/2/84, dated 2nd August, 1984, the respondent terminated the services of the petitioner with effect from 1st December, 1982, on the ground of unauthorised absence. As the terminal benefits like gratuity, provident fund and other fringe benefits were not paid to the petitioner, he sent a lawyer's notice on 5th June, 1985 to the respondent. The respondent replied that an enquiry into pesticides affairs relating to the period when he worked as Manager (Fertilizers) was pending and hence his gratuity could not be released. In the circumstances, the petitioner filed this writ petition praying for a writ of mandamus to direct the respondent to settle his claim r...
M/S. Hindustan Steel Works Construction Ltd. Vs. M/S. Tarapore and Co. ...
Court: Andhra Pradesh
Decided on: Jan-17-1989
Reported in: AIR1990AP82
ORDER1. An interesting question as to whether a civil revision petition filed under S. 115 of the Code of Civil Procedure against an ex parte interim order passed by the High Court during Dasara vacation on an application under S. 33 of the Andhra Pradesh Civil Courts Act, 1972 (for short 'the Act') is maintainable arises in these petitions.2. The revision petitioner in both the petitions is a Government of India under.taking. On 25-10-84, it entered into a contract for construction of civil works in the blast furnace zone of Visakhapatnam Steel Plant with the respondent-Company of value of Rupees seventeen crores and odd. In the execution of the said contract, some disputes arose between the parties, which were referred to arbitrator. When the proceedings were pending before the arbitrator, the petitioner terminated the said contract, which was challenged by the respondent in suits filed in the court of District Munsif, Visakhapatnam seeking injunction not to terminate the contract an...
A.P.S.R.T. Corporation and Another Vs. Sravaji Aruna and Others
Court: Andhra Pradesh
Decided on: Jan-16-1989
Reported in: 1991ACJ542; AIR1990AP162; 1992(2)ALT92
1. In an accident that occurred on May 16, 1981 at Gudipet between Mile Stones 241/6 and 241/8, the Appellant-Corporation's Bus APZ 7304 proceeding from Mancherial dashed against two persons by name Venkatarao Scooter Driver and Tirupathirao. Pilion rider who died thereat. The claimants are the widow and children of the deceased Tirupathirao and they laid the claim in a sum of Rs. 1,56,900/-. The Tribunal below awarded a sum of Rs. 1,00,000/- as against which the appeal has been filed. The trump card for the appellants is the judgment of the Criminal Court in C.C. No. 391/81 dated July 13, 1982 on the file of the Judicial First Class Magistrate, Luxesettipet in which the driver of the bus was acquitted of the charge under Section 304A, l.P.C. It was marked as Ex. B-2 in this case. Sri Harinath, learned standing counsel for the Corporation placing reliance thereon has contended that it was prosecution case that the deceased were attempting to overtake the bus which was going ahed of the...
Oriental Fire and General Insurance Co. Ltd. Vs. Pavan Kumar and ors.
Court: Andhra Pradesh
Decided on: Jan-16-1989
Reported in: [1990]67CompCas478(AP)
K. Ramaswamy, J.1. The only point raised by the appellant-insurance company is that the driver, second respondent, was not duly licensed to drive the vehicle (tractor) bearing No. APJ 6229 on the date of accident and that, therefore, the insurance company is not liable for payment of the amount awarded by the Tribunal below. Now, the facts found are that the claimant is a minor boy and that he met with an accident on March 28, 1980, at about 6 p. m. when the tractor bearing APJ 6229 had run over him by its front wheel when he was playing in front of his house on the road leading to Quila-at Nizamabad. His left leg extending middle down to foot, all the muscles, have been torn and inspite of best treatment rendered to him at Nizamabad and Hyderabad from March 29, 1980, to June 26, 1980, it was not cured and he permanently became disabled. As a result, he laid a claim in a sum of Rs. 45,000. The Tribunal below awarded a sum of Rs. 32,000 in all. Assailing the legality thereof, the appeal...
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