Andhra Pradesh Court January 1992 Judgments
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Rana Ratna Rao Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Jan-23-1992
Reported in: 1992(1)ALT420
ORDERMohammed Sardar Ali Khan , J.1. This batch of writ petitions has been filed for issue of appropriate writs relating to appointment to posts of Village Administrative Officers under the Andhra Pradesh Village Administrative Officers Service Rules, 1990.2. When the matter came up before the learned single judge, a preliminary objection was raised with regard to jurisdiction of the High Court to entertain the writ petitions on the ground that it is the Andhra Pradesh Administrative Tribunal which has jurisdiction to deal with the matter and not the High Court. The learned single Judge has thus made an order of reference of the cases to Division Bench stating that the Rules referred to above have been framed under Article 309 of the Constitution of India, and the contention raised on behalf of the State Government that the Andhra Pradesh Administrative Tribunal alone has got jurisdiction under Section 15 of the Administrative Tribunals Act, 1985 to deal with the matter becomes an impo...
Kancherla Gunneswar Rao Vs. the Nidadavolu Municipality
Court: Andhra Pradesh
Decided on: Jan-23-1992
Reported in: 1992(2)ALT330
ORDER1. Sri D. Venkata Reddy, learned Counsel a appearing for the Respondent relying upon the decision in Bata Shoe Co. v. Jabalpur Municipality, submits that the Civil Court had no jurisdiction to entertain the suit instituted by the appellant.2. Mr. Srinivas Reddy appearing for the appellant however submits that the provisions in the C.P. & Berar Municipalities Act consturted by the Supreme Court in the above case are not in pari materia with those contained in the A.P. Municipalities Act and that there is no provision in the A.P. Municipalities Act expressly excluding jurisdiction of Civil Courts to entertain any objection to an assessment of property-tax.3. The question raised is notably of general importance but also of frequent occurrence and the same, in my opinion, shall be decided by a Division Bench of this Court. Place the papers before the Hon'ble the Chief Justice for Appropriate orders....
Yerabarla Venkateshwara Rao and anr. Vs. Yelugati Eswara Reddy and ors ...
Court: Andhra Pradesh
Decided on: Jan-23-1992
Reported in: II(1992)ACC686
Radhakrishna Rao, J. 1. Petitioners 1 and 2 in O.P. No. 302/1983 on the file of the Motor Accidents Claims Tribunal (I Additional District Judge), Krishna at Machilipat-nam, are the appellants herein.2. One Yerabarla Veneswara Rao, who was working as Rakshak in Railway Protection Force, died in an accident that took place on 19.4.1983 on Guntupalli -- Ibrahimpatnam Road. After his death, Union of India, South Central Railway (2nd respondent herein) has paid the amount due under the Workmen's Compensation Act, voluntarily without any claim by the dependants. Subsequently, the amount awarded i.e. Rs. 23,100/- has been withdrawn by the dependents. The parents and wife of deceased filed a claim petition under Section 110-A of the Motor Vehicles Act within the stipulated time. The Tribunal found that the claimants are entitled for a compensation of Rs. 80,784/- with 6% interest, but however, rejected the claim on the ground that as compensation under Workmens Compensation Act has already be...
Bodda Krishna Rao and anr. Vs. Tompa Ramanamma and anr.
Court: Andhra Pradesh
Decided on: Jan-22-1992
Reported in: II(1992)ACC691; 1992(2)ALT238
Radhakrishna Rao, J.1. The appellant who received injuries in a motor accident filed the claim petition claiming a compensation of Rs. 50,000/- for the injuries received by him. On a consideration of the evidence of the victim and also the Doctor who treated him the Tribunal awarded an amount of Rs. 15,000/- as against the owner and the driver of the tractor. Aggrieved against the said award, the owner and driver of the Tractor filed this appeal.2. A perusal of the award shows that no liability has been fixed on the Insurance Company. The evidence of P.Ws.1, 2 and 4 shows that P.W.I, the claimant, was travelling in the tractor at the time of the accident and she got into the tractor with the consent of the driver of the tractor while returning from cooli work. The driver was charge sheeted before a Criminal Court in C.C.No. 21 /86 on the file of the Judicial Magistrate of First Class, Takkali under Section 338 IPC and Section 277 read with Section 112 of the Motor Vehicles Act. In that...
Vadde Anjanamma and ors. Vs. Chennakesavulu and anr.
Court: Andhra Pradesh
Decided on: Jan-22-1992
Reported in: 1993ACJ713
Radhakrishna Rao, J.1. The claimants are the mother, wife, daughter and two sons of the deceased. They filed the claim petition alleging that the accident occurred as a result of the sudden breaking of the stub-axle of the front wheel of the tractor and the first respondent being owner of the tractor and also mechanic to maintain the tractor in proper and running condition is responsible for the accident. The issue has been recasted and the lower court came to the conclusion that the deceased drove the tractor in a rash and negligent manner as a result of which the tractor's front wheel stub-axle was cut and the tractor turned turtle into a ditch which is towards his left. When the deceased himself was responsible for the accident and when the mechanical defect is not the main cause of the accident, the Tribunal was perfectly justified in assessing the evidence and arriving at a decision that the deceased himself was responsible for the accident. If that is so, the claimants are not en...
Potla Narasaiah and anr. Vs. Guduri Krishna Reddy and ors.
Court: Andhra Pradesh
Decided on: Jan-22-1992
Reported in: 1(1994)ACC481
Radhakrishna Rao, J.1. This appeal is filed by the petitioner in O.P. No. 18/1990 on the file of the Motor Accidents Claims Tribunal (District Judge), Khammam, for enhancement of the compensation.2.The deceased in this case is aged about 23 years and due to his death, the claim has been made by his parents. The learned District Judge taking into consideration, the evidence of P.W. 2 found that there is rashness and negligence on the part of the driver of the vehicle, Further it has been found that the loss of dependency is Rs. 400/-. When once it has been found that the income is there, he ought to have applied multiplier, but however the same has not been done. But in this case, the certificate that has been produced by him appears to be an inflated one and therefore, the learned Judge has rightly doubted the certificate because no accounts have been produced. If this trend of accepting the private employment certificate is there, production of false certificates will be there. When c...
Col. Denzyl Winston Ferries Vs. Abdul Jaleel and Others
Court: Andhra Pradesh
Decided on: Jan-21-1992
Reported in: AIR1992AP246; 1992(2)ALT144
1. This appeal is filed by the first defendant in O.S. No. 520 of 1983 on the file of the Additional Subordinate Judge, Ranga Reddy, district against the judgment and decree dated 28-7-1988 granting a decree for specific performance of the suit agreement dated 7-12-1979. In brief, the pleadins are as follows :Plaintiff originally filed the suit against D. 1. Subsequently D. 2 and D. 3 have been added as additional defendants. Defendants 2 and 3 remained ex parte. The defendant is the absolute owner of Acs. 12.35 guntas of agricultural land bearing Survey Nos. 14 to 16 situated at Sikandarguda (Bandlaguda). Defendant executed an agreement of saleEx.A. 1 dated 7-12-1979 in favour of the plaintiff to sell the suit land for consideration of Rs. 39,000/-. Rs. 2,000/- was paid as advance by the plaintiff and the defendant delivered phyicial possession of the property on the date of the agrenient. It was agreed that the defendant shall execute the sale deed and get the same registered within ...
General Manager, Andhra Pradesh State Road Trans. Corpn. Vs. Anjali Ka ...
Court: Andhra Pradesh
Decided on: Jan-21-1992
Reported in: 1994ACJ23
Radhakrishna Rao, J.1. The accident took place on 31.8.1985. The claimants, claiming that the accident occurred due to the rash and negligent act of the driver of the bus, filed a claim petition claiming an amount of Rs. 3,00,000/- towards compensation. The Tribunal thought it fit to award Rs. 1,10,000/- in all. Against that the A.P.S.R.T.C. filed this appeal.2. The fact that the deceased was travelling in the bus and that he died on that day due to the result of the accident is not in dispute. Mr. Harinath contends that PW 3 and RW 1 are parties to the inquest at the earliest point of time when none contemplated about filing of the claim petition. The document was prepared by the police in discharge of their duties and the recitals therein ought to have been given due weight; and the appreciation of the evidence by the Claims Tribunal and its observations are unwarranted. The Tribunal observed that:The passengers try to support the crew of the bus. The R.T.C. employees have got unions...
T.T. Abbas Ali and anr. Vs. T. Govindarajulu and ors.
Court: Andhra Pradesh
Decided on: Jan-21-1992
Reported in: 1994ACJ876
Radhakrishna Rao, J.1. This is a case of death of a very enterprising and promising boy on account of the rash and negligent act of the driver of the vehicle in the accident that took place on 14.11.1984. The claimants are the father, mother, brothers and sisters. The father of the deceased is aged about 57 years and the mother is aged about 45 years. The last child is aged about four years.2. So far as the rash and negligent act of the driver of the vehicle is concerned, it can be said that the reasons that have been given by the Tribunal are correct.3. With regard to the quantum of compensation that has been awarded, the counsel for the insurance company as well as the owner contend that it is highly excessive and the entire income of the deceased was taken as loss of dependency.4. It has to be noted that it is the duty of the Claims Tribunal to arrive at the loss of dependency by estimating the loss of income and by deducting therefrom the amount spent by the deceased for himself an...
Pilli Kamaraj and ors. Vs. Sajja Chandramouli and ors.
Court: Andhra Pradesh
Decided on: Jan-21-1992
Reported in: 1993ACJ232
Radhakrishna Rao, J.1. The claimants approached the Motor Accidents Claims Tribunal for compensation under Section 110-A of the Motor Vehicles Act.2. The facts of the case are that on 28.2.1987 when the jeep was stuck up on the railway track due to mechanical failure, a passenger train came and the engine smashed the jeep, which ultimately resulted in the death of five persons. The place where the accident took place is a railway track which is connected to a highway with unmanned level crossing. In the case of unmanned level crossing, it is the duty of the driver of the railway engine to see whether any person or object was proceeding to the unmanned level crossing. Similar degree of diligence cannot be expected from the railway engine driver in the case of a level crossing where it has been regulated by mechanical process or by a person. Since the pleadings indicate that the accident took place on an unmanned level crossing, the vehicle got stuck up on the railway track due to failur...
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