V SUBBARAYUDU Vs. G M ANDHRA PRADESH STATE ROAD TRANS CORPN
LAWS(APH)-1992-4-21
HIGH COURT OF ANDHRA PRADESH
Decided on April 30,1992

V SUBBARAYUDU Appellant
VERSUS
G M ANDHRA PRADESH STATE ROAD TRANS CORPN Respondents




JUDGEMENT

- (1.)ALL these four appeals were heard together as they arise out of a common order.
(2.)THE point that falls for consideration is: whether the father is entitled to claim compensation under Section 110-A of the Motor Vehicles Act, 1939, along with his wife when their unmarried son died in a motor accident?
(3.)THE facts which give rise to this point are as under: V. Venkatachalamma (the appellant in A. A. O. Nos. 1301 and 1303 of 1991) was the wife of V. Subbarayudu (the appellant in A. A. O. Nos. 1034 and 1035 of 1991 ). They had a son Balasubrahmanyam, and a daughter, Valli Kumari. Venkatachalamma deserted her husband, Subbarayudu, and married Srirama Naidu on 2. 8. 1977. The children, i. e. , Balasubrahmanyam and Valli Kumari were brought up by the father V. Subbarayudu. On 31. 12. 1984 at about 8. 30 a. m. , the A. P. S. R. T. C. bus bearing No. AAZ 5186 while proceeding on Tirupathi-Alipiri Road ran over Balasubrahmanyam and his sister Valli Kumari near Maternity Hospital. Both the brother and sister succumbed to the same. The father of the deceased filed O. P. Nos. 56 and 57 of 1985 for compensation under Section 92-A of the Motor Vehicles Act, 1939. Subsequently, the mother of the deceased got impleaded in these proceedings claiming half of the compensation. The Tribunal clubbed, tried and disposed of both these matters. It awarded an amount of Rs. 15,000/- each for the death of the two children towards no fault liability. The Tribunal apportioned the award amount between the father and the mother equally.
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