APSRTC Vs. K SUSEELAMMA

JUDGEMENT

(1.) All these appeals are filed by Andhra Pradesh State Road Transport Corporation (APSRTC) against the common order dated 19-2-2003 in O.P. Nos.71, 75, 70, 78, 77 and 72, respectively, on the file of the Motor Accidents Claims Tribunal, Kurnool, fastening the liability on the appellant Corporation and exonerating the insurance company from its liability in respect of the accident caused on 2-11-2000. Hence, these appeals are clubbed and heard together and are being disposed of by this common judgment.

(2.) The brief facts of the case are that the claimants filed the above OPs claiming compensation from APSRTC and insurer of the bus involved in the accident. On 2-11-2000 at about 9.30 p.m., near KM Stone 178/4 on the National Highway No.7 when the claimants and the deceased were travelling in an auto bearing No.AP-21T- 3070 from Gadwal to Dharmavaram Village, a bus bearing No.AP-21T-8333 driven by its driver in a rash and negligent manner dashed against the auto. All the passengers in the auto including the injured claimants and auto driver sustained multiple injures in the accident and they were all shifted to the Government General Hospital, Kurnool, for treatment and the driver Gokari, Golla Chinna Hussain and Boya Chinna Beesanna died while undergoing treatment in the hospital. A case in Crime No.28 of 2000 was registered by Kondandapur Police. The injured claimants and the dependents of the deceased filed the said OPs claiming compensation from the owner of the bus, APSRTC and insurer of the bus involved in the accident.

(3.) The fifth respondent herein is the owner of the bus and APSRTC is the hirer of the said bus, which is insured with New India Assurance Company Limited.