CH GANGA RAJAM Vs. APSRTC

JUDGEMENT

(1.) In view of common questions of law on similar set of facts, all these writ petitions are heard together and being disposed of by this common order. For the purpose of disposal, I refer to the facts arise in Writ Petition No. 18777 of 2012, in which, petitioner seeks a mandamus declaring proceedings, dated 31.5.2012 issued by the second respondent-Depot Manager, APSRTC, Jagtial Depot, Jagtial, Karimnagar District, as illegal.

(2.) By aforesaid proceedings, the petitioner is requested to give bank guarantee for a sum of Rs. 1,50,000/- and to maintain its validity till disposal of OP No. 265 of 2012 filed by the claimant, under the Motor Vehicles Act, 1988.

(3.) The petitioner claims that he is the owner of bus bearing No. AP 15 Y 9944, which is being run by the Andhra Pradesh State Road Transport Corporation on hire pursuant to agreement, dated 22.6.2009. The bus is covered by an insurance policy with the New India Assurance Company Limited vide Policy No. 551300/31/10/6300003240. During hire period, the bus met with an accident on 30.10.2011 and one passenger in the bus suffered injuries. The said injured person filed OP No. 265 of 2012 before the Chairman, Motor Accident Claims Tribunal, Karimnagar, claiming compensation of Rs. 1,50,000/- against the petitioner, insurance company and others. It is stated that the said O.P. is pending as of now. During pendency of the said O.P., the impugned proceedings are issued by the second respondent requesting the petitioner for furnishing bank guarantee for a sum of Rs. 1,50,000/-, which is equivalent to the claim made by the third party claimant in the O.P. filed under the Motor Vehicles Act, 1988.