Andhra Pradesh Court November 1991 Judgments
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New India Assurance Co. Ltd. Vs. Shaik Ashabi and ors.
Court: Andhra Pradesh
Decided on: Nov-25-1991
Reported in: 1992ACJ811
G. Radhakrishna Rao, J.1. Insurance company being dissatisfied with the award of the Motor Accidents Claims Tribunal, Guntur, has filed this appeal.2. The claim was made on the ground that the driver of the lorry bearing registration No. APK 5373 drove the vehicle rashly and negligently which ultimately resulted in the death of one Shaik Habib, an unmarried boy aged about 19 years. The claimants are mother and younger minor brothers. The court came to the conclusion on the basis of the evidence that the vehicle was driven rashly and negligently and awarded a sum of Rs. 27,500/- with 10 per cent interest. Being aggrieved by the award, the insurance company filed this appeal. The cross-objections also have been filed.3. So far as the rash and negligent act of the driver is concerned, this court feels on a perusal of the evidence that the finding is correct. It does not warrant any interference. Even the quantum of compensation that has been awarded in the case of the death of a young boy...
New India Assurance Co. Ltd. Vs. Chakali Ramavva and ors.
Court: Andhra Pradesh
Decided on: Nov-22-1991
Reported in: 1992(2)ALT106
Radhakrishna Rao, J.1. This is an appeal filed by the Insurance Company against the order of the Motor Accidents Claims Tribunal in O.P.No. 138/83. The deceased died in an accident that took place on 19-10-82 due to rash and negligent driving of the vehicle bearing No. APJ. 523. On 1-10-82 amendment has been introduced raising the liability of the Insurance Company from Rs. 10,000/- to Rs. 15,000/ . The Court below rightly found that the the vehicle turned turtle due to the rash and negligent driving. Claimants are the wife and children of the deceased, aged about 45 years. He was a private employee. The claims of the married daughter and the son-in-law were rejected who were parties in the O.P. The Court below rightly held that the wife is entitled for compensation of a sum of Rs. 27,000/- and it is not on high side. However, the plea of the insurance company is that their liability is only Rs. 15,000/-. The lower court ought to have fixed the liability of the insurance company for Rs...
A. Rafeek Vs. Union of India and Others
Court: Andhra Pradesh
Decided on: Nov-21-1991
Reported in: AIR1992AP331; 1992(1)ALT260
ORDER1. This writ petition was filed to declare the provisions of Rule 88 of the Central Motor Vehicles Rules as ultra vires of the provisions of S.81 of the Motor Vehicles Act and also as unconstitutional being violative of Arts. 14 and 19(1)(g) of the Constitution of India.2. The petitioner is the owner of goods vehicle bearing registration No. APJ-9066. The vehicle was registered on 19-11-1982. National permit was granted under S. 63(10) of the Motor Vehicles Act 1939 (Act 4 of 1939) valid from 18-5-1987 to 17-5-1992. It is stated that the present authorisation is also valid up to 31-3-1992 for which period the tax was paid by the petitioner. In the meanwhile, Motor Vehicles Act 59 of 1988 came into force with effect from 1-7-1989. The National permit is governed by Rule 6 of the Rules made under the old Act 4 of 1939 (hereinafter referred to as 'old Act') i.e., National Permit Rules, 1975. The validity of the permit and the duration as well as eligibility of the vehicle for obtaini...
M. Sammamma and anr. Vs. Syed Kaja MaunuddIn and ors.
Court: Andhra Pradesh
Decided on: Nov-21-1991
Reported in: II(1992)ACC477; 1992ACJ375
G. Radhakrishna Rao, J.1. The lower Out of the amount awarded, each petitioner court awarded an amount of Rs. 15,000/- is entitled for Rs. 7,500/-. Being dissatisfied towards compensation with interest at the with the quantum of the compensation that rate of 10 per cent from the date of the has been granted and also being dissatisfied petition till the date of deposit into the with regard to the finding that has been given by the court that the insurance company is not liable, the petitioners filed this appeal.2. On a perusal of the evidence, it has been found from the entries in Exh. A-2 that the driver who drove the vehicle is not having the valid licence to drive the lorry. Mere fact that he was in possession of the driving licence for a light motor vehicle does not mean that he is having a valid licence. What is valid licence has to be considered with reference to the vehicle that was involved in the accident. Since different classes of licences are there and different periods and ...
New India Assurance Co. Ltd. Vs. Aziz Baig and ors.
Court: Andhra Pradesh
Decided on: Nov-21-1991
Reported in: 1992ACJ480
G. Radhakrishna Rao, J.1. The respondent No. 3 in O.P. No. 10 of 1986 on the file of the Motor Accidents Claims Tribunal (District and Sessions Judge), Nalgonda, is the appellant herein. Two persons who were travelling in the lorry along with popcorn bags, six bags each, were involved in an accident on 14.12.1985. One person received injuries and he filed O.P. No. 9 of 1986 and a sum of Rs. 3,000/- has been awarded and no appeal has been filed against that order. With regard to the deceased person who was aged about 25 years and who died in the accident, the wife and children filed O.P. No. 10 of 1986 claiming Rs. 1,25,000/-. So many witnesses were examined and documents were got marked. On considering the evidence, the learned Judge granted compensation of Rs. 52,760/- including the consortium, in all. The insurance company filed the present appeal. The main contention that has been raised by the learned Counsel for the insurance company is that the claimants are not entitled to any c...
B. Padma and ors. Vs. B. Kondaiah and anr.
Court: Andhra Pradesh
Decided on: Nov-21-1991
Reported in: 1992ACJ949
G. Radhakrishna Rao, J. 1. The appellants herein are the petitioners in O.P. No. 839 of 1985 on the file of the Motor Accidents Claims Tribunal (District Judge), Karimnagar. The legal representatives of the driver of the lorry No. APT 1 who died in the accident claimed compensation of Rs. 1,00,000/-. It has been found that adopted son's parents are coming forward taking advantage of some of the observations in the judgments. That cannot be encouraged, duly taking into account that the Tribunals are making summary enquiries. Mere production of a certificate by the adopted son's parents otherwise just before the claim will not be sufficient, particularly when there is no material found that on previous occasion or at prior point of time, there was an adoption. The adoption that was set up for the purpose of this claim, at that time, just by obtaining a certificate issued by the Mandal Revenue Officer, cannot be accepted. This observation has to be given duly taking into account the rejec...
Smt. Kareemunnisa Begum and ors. Vs. V. Jogaiah (Minor Rep. by V. Jagg ...
Court: Andhra Pradesh
Decided on: Nov-20-1991
Reported in: 1991(2)ALT713
Radhakrishna Rao, J.1. The fact that the deceased died in an accident on account of the injuries received by him is not in dispute. The claimants being dissatisfied with the quantum of compensation that has been granted at Rs. 51,800/- have preferred this appeal. On a perusal of the evidence let in before the tribunal, this court is satisfied with regard to the finding that the accident took place due to rash and negligent driving and the same is confirmed.2. The learned counsel for the petitioners contended that the oral evidence let in on behalf of the claimants shows that the age of the deceased was 38 years at the time of his death. The Insurance Company claimed that the age of the deceased was 50 years at the time of his death. The lower court came to the conclusion that the age of the deceased at the time of his death was 45 years.3. It must be borne in mind that it is for the claimants to prove the age of the deceased at the time of his death, and the burden never shifts on the ...
Mohammed Zaffar Vs. the Government of Andhra Pradesh and anr.
Court: Andhra Pradesh
Decided on: Nov-19-1991
Reported in: 1992(1)ALT354; 1993CriLJ519
Sardar Ali Khan, J.1. These seven writ petitions form an integral batch filed for the issue of writs of these writ petitions. All the seven writ petitions are linked together by common questions of facts and law. The detenus involved in all the cases are supposed to be engaged in a common pursuit of illegal smuggling of gold and selling the same in various parts of the country and obtaining foreign currency for the sale of the gold smuggled by them. These detenus have been detained under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (Act No. 52/74), as amended by Act No. 23/87). hereinafter referred to as the 'COFEPOSA Act'. The facts in W.P. No. 7875 of 1991 may be narrated to indicate the common nature of issues of fact and law arising in the batch of writ petitions. However, it may be necessary to refer to the facts in an individual case if there is any special feature of the case which calls for consideration from a different ...
Ballani Ranganayakulu and Others Vs. Mattupalli Nageswara Rao
Court: Andhra Pradesh
Decided on: Nov-18-1991
Reported in: AIR1992AP294; 1992(1)ALT526
ORDER1. This is tenants' revision petition. Both the Courts below held that there was default in payment of rent from March, 1978 as pleaded for the eviction petitioner. While the Rent Controller held that there was no sub-letting, the Appellate Court held that there was sub-letting without the consent of the landlord. The said finding was given by the Appellate court, though the eviction petitioner had not filed any cross-objections.2. The points that arise for consideration are:(1) Whether the respondent-landlord can support the order of eviction by canvassing the correctness of the findings held against him, even though he had not preferred cross-objeclions; and (2) Whether there is any illegality, irregularity or impropriety in the findings; (a) that there was wilful default in payment of rent from March 1978; and (b) that there was subletting without the written consent of the landlord. POINT No. 1:3. Section 20 of the A. P. Buildings (Lease, Rent & Eviction) Control Act, 1960 (f...
Sri Veeraju Talkies Vs. the Entertainment Tax Officer and anr.
Court: Andhra Pradesh
Decided on: Nov-15-1991
Reported in: [1993]89STC199(AP)
A. Lakshmana Rao, J.1. The petitioner was granted permit in form IV to pay entertainment tax under section 5 of the Andhra Pradesh Entertainments Tax Act, 1939, at the rate of Rs. 4,637 per week for the year 1985-86. On May 22, 1985, the Joint Collector, East Godavari District granted permission to the petitioner to reduce the seating capacity from 925 to 697. On May 23, 1985, the petitioner applied to the first respondent for modification of form IV in view of the reduction in the gross collection capacity due to the reduction in the seating capacity. The first respondent modified the permit in form IV on May 24, 1985, fixing the amount of tax payable by the petitioner at Rs. 3,594 per week for the period from May 24, 1985 to March 31, 1986. While so, the Commercial Tax Officer, East Godavari District, revised the order passed by the Entertainments Tax Officer and accordingly issued proceedings date March 8, 1986, stating that the petitioner was liable to pay entertainment tax at the ...
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