(1.) By common order dated 20.09.2007 passed in L.P.A. Nos. 206, 207, 208 & 219 of 2000 and 6 of 2002, a learned Division Bench of this Court referred for decision by a Full Bench the question as to whether compensation payable in respect of claims arising out of accidents involving insured buses hired by the Andhra Pradesh State Road Transport Corporation (APSRTC) should be borne by the owner of the vehicle, the Insurance Company, the APSRTC or by some or all of them. The order of reference reads as under:
(2.) Cma No. 3282 of 2002 was filed by the APSRTC aggrieved by the judgment and decree dated 29.01.2002 in O.P. No. 1382 of 1999 on the file of the II Additional Chief Judge, City Civil Court, Hyderabad. The accident which led to the filing of the O.P. took place on 11.06.1999. The Tribunal held the APSRTC alone to be liable for payment of the compensation and absolved the owner of the vehicle and the Insurance Company of responsibility in this regard. Interim stay of execution of the said decree was granted by this Court on 19.11.2002 subject to the condition that the APSRTC deposits half of the decreetal amount along with interest and costs before the lower Court within a timeframe. The claimants were granted liberty to withdraw the same without furnishing security. By order dated 18.11.2008, the CMA was tagged on to the LPAs.
(3.) Macma No. 361 of 2006 was filed by New India Assurance Company Limited aggrieved by the award and decree dated 17.12.2004 passed by the Motor Accidents Claims Tribunal, Tirupati, in MVOP No. 344 of 2000, whereby the owner of the vehicle, the Insurance Company and the APSRTC were held jointly and severally liable to pay the compensation in respect of an accident that occurred on 17.07.2000 involving an insured bus taken on lease by the APSRTC. Interim stay of all further proceedings, including execution of the decree under appeal, was granted by this Court on 20.02.2006 on the condition that the Insurance Company deposits half the amount awarded along with costs and interest within a timeframe. The claimant was allowed to withdraw the same without furnishing security. On 29.02.2010, a learned Judge directed this appeal to be put up with the LPAs.
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