Allowed

Smt.Ancha Mrudula and 3 Ors. v. the Ap State Road Transport Corporation and Anr.

Telangana HC14 Mar 2023MACMA/1293/2012

Case brief

AI extract

What is this about?

High Court allowed appeals against a Motor Accident trial court order. Compensation for the death of a deceased in a road accident was enhanced from Rs. 13,05,000 to Rs. 21,22,932 with interest, while confirming the decree in all other respects.

What did the court decide?

Compensation enhanced from Rs. 13,05,000 to Rs. 21,22,932 with interest at 7.5% p.a. from date of petition.

Smt.Ancha Mrudula and 3 Ors. Vs the Ap State Road… — Motor Accident Claims | Telangana HC (2023)

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13230 1

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD

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TUESDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND TWENry THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE LAUTHA KANNEGANTI

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M.A.C.M.A.NOi 1293 OF 20'12

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AND M.A.C.M.A.NO.385 0F 201 0

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M.A.C.M.A.NO: 1293 OF 2O12

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Appeal filed under Order.l73 of Motor Vehicles Act against the order and decree dated 25.06.2009 passed in OP No.219512007 on the file Court of the V Additional Metropolitan & Sessions Mahila Court, Hyderabad.

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Between:

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Smt.Ancha Mrudula, Wo.late Venkatesh, aged 30 years, Occ: Housewife

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Anche Devarsh Kumar, S/o.late Venkatesh, Aged 5 years,( Minor) rep by his guardian and natural mother Smt.Anche Mrudula \A/ho is the Appeallant No. l herein.

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Smt,Anche Kamala Kumari, Wo.Purnachandra Rao, Aged 53 years, Occ: Hosuehold R/o.Flat No.103, Suraksha Millennium, White Fields, Kondapur, Hyderabad.

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Anche Purnachandra Rao. S/o.Venkateshwar Rao Occ: Service

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All are R/o. Flat No 103, Suraksha Millennium, White Fields, Kondapur, Hyderabad.

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..APPELLANTS/CLAI MANTS

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AND

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The A.P.S.R.T.C, rep by its Managing Director O/o.Bus Bhavan, RTC Cross Roads, Musheerabad, Hyderabad

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The APSRTC, rep by its Depot Manager, Hakimpet, Hyderabad.

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...RESPONDENTS/RESPON DENTS

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Counset for the Appellants: SRl. M RAMALINGESWARA REDOY

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Counsel for the Respondents: Mr. TOOM SRINIVAS, (SC FOR APSRTC)

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M.A.C.M. A.NO: 385 OF 2010

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Appeal filed under Order 173 of Motor Vehicles Act against the order^and decree dated 25.06.2009^passed rn OP No.2195/2007 on^{the frle Court of the V} Additional Metropolitan & Sessions^l,4ahila Court,^Hyderabad

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Between:

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The A.P.S.R.T Corporation,^{rep by} its^{Managing Director O/o.BusBhavan,} RTC Cross Roads. Mushirabad. Hyderabad

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The APSRTC, rep by^its Depot^{Manager O/o.HakimpetHyderabad}

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...APPELLANTS/RESPONDENTS

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AND

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Smt.Anche Mrudhula, Wo^{late Venkatesh Housewifeand Pvt Servtce}

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Anche Devarsha Kumar, S/o.late^{Venkatesh, (Minor) reo by his natural} mother Respondent No.1

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Smt.Anche Kamala Kumari, Wo^{PoornaachandraRao,aged 53 years,} Occ. Pvt Service

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Sri Anche Poornaachandra Rao S/o.Venkateswara^{Rao, aged59 years, Occ} Pvt Service

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...RESPONDENTS/PETITIONERS

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All are Resident of Plot No.201, Sai^{Harika Residency, Devapuram Main} Road, Guntur. Now R/o Shamral Buildings, Begumpet,^Hyderabad.

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MACMAMP. NO: 1082 OF 2010

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Petition under Section 151 CPC^{praying that in the crrcumslances statedin} the affidavit filed in support of the^{petrtion,the High courtmay be pleasedto stay} all further^proceedings including^{execution of the decree dated 25.06 2009} passed in oP.No. 219512007 on the file of the v^{Addl.Metropolitan Sessions} Judge (Mahila Court) cum^{XIX AddlChief Judge, City CriminalCourt,at} Hyderabad.

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Counsel for the Appellants: SRI^{THOOM SRINIVAS (SC FOR APSRTC)}

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Counsel for the Respondents: SRl.^{M RAMALINGESWARA REDDY}

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The Court made the following:^{COMMON JUDGMENT}

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HON'BLE SMT. JUSTICE^{LALITHAKANNEGANTI}

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M.A.C.M.A.No. L293 of 2Ol2

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AND

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M.A.C.M.A.No. 385 of 2O1O

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COMMON JUDGMENT:

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Against the Award d.ated 25.06.20O9 passed by the V Additional Metropolitan Sessions Judge^(Mahila Court)-cum-XIX Additional Chief Judge, City Criminal Courts at Hyderabadⁱⁿ O.P.No. 2195 of 20O7, both the RTC^{(M.A.C.M.A.No.} 385 of 2010) as well as the claimants^{(M.A.C.M.A.No.'1293} of 2Ol2l are before this Court.

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The claimants filed the Claim Petition seeking compensation of Rs.2O,0O,O00/- on account of the death of Sri A. Venkatesh in a road accident. According to the claimants, on 03.09.2007, at about 08-40 p.m., while the deceased Venkatesh was proceeding from Tar-rkbund side towards Saifabad on his Pulser motor cycle bearing Registration No. AP O9 BE 938, near Medicity Hospital, one APSRTC bus bearing No. AP ll Z 3053 came in a rash and negligent manner and dashed against the pulser motor cycle from .back side- Consequently, the deceased fell down on the road and died^on the spot.^The claimants stated that the deceased was drawing^{a monthly salary} of Rs. 13,5001- as a Senior H.R. Officer in^{Nuz"'id Seeds Limited,} Banjara Hills, Hvdcrabad.

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The Corporation filed the counter.affidavit denying the averments in the petition. It is stated that the deceasecl was not holding valid driving lir:errce at thc time oI accident.

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The claimaltts in support of their case examined P.Ws. 1 to 3 and got marked Exs.Al to 49. On behalf of the RTC, no oral or documentary eviclence was adduced.

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5 On a careful analysis of the evidencc belore it, the Tribunal held that the evidt:nce on rccord fjr-cves that Lhe bus drivcr is responsible for thc acr.irlent ernd au,arded Rs. 13,05,00O/as compensation

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Learned courrsr:l lor the claimants subrnits that the deceased was working as HR Mana.eer and earrlrng lts.13,000/per month, however, the Tribunai had taken Rs. 1O,O00/- as his income. He submits that future prospects \f,,ere not considered and under the he:rds of consortjlrm and legal expenses, reasonable amounts werc not granted

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I_earned counsel lor thc RTC submits that without any evidence, the Courr oughr not to have takcn Rs. 10,000/_ as income. Further. it is ss[rni11cd that two_wheeler is having insurance, hence, the Insuranr.c Company of the t,()_^,heeler should have been made as part]. rc_spondent to thc O.Ir.

(4) Legal expcnscs

Total

Iis t 0,OOO//

I?s.21,22,932 / -

1l In rhe result, M.A.C.M.A. No. 3g5 0f 2010 is dismissed. M.A.C.M.A. No . 1293 of 2Ol2 is allowed enhancing the compensation from Rs. 13,05,OO0/ - to Rs.21,22,932 /_:

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(a) The enhanced amount sha[[ carry interest at 7.5o/o p.a. from the date of petition till the date of rezrlization.

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(b) The claimanLs shall pav rhc courl, lce on the enhanced compen satlo n

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(c) The Insurance company shali deposit the amount within a period of eight weeks from the date of receipt of cop.y of thc judgment. On such deposit, the claimants are entitled to withdraw the enrirc amotrnt .,,,,ithout furnishing

the securitv

t'2.

stand closecl.

l-'nding m rsct,lirr ncoi.rs peti; rons, if any, shall

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Sd/- MOHD. SANAULLAH ANSARI ASSISTANT REGISTRAR clD

//TRUE COPY//

SECTION OFFICER

To,

1 . The V Additional lretropolitan Sessions Judge(Mahila Court)-cum-Xlx^Additional Chief Judge, City Criminal Courts at^Hyderabad.

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One CC to SRl. THOOM SRINIVAS^{(SC FOR APSRTC), Advocate} [OPUC]

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One CC to SRl. M RAMALINGESWARA REDDY,^Advocate [OPUC]

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Two CD Copies )tr

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HIGH COURT

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DATED: 1410312023

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COMMON JUDGMENT MACMA.No.1293 of 2012 AND MACMA.No.385 OF 2010

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? iE
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luB
$ 1
.+ tl
//
-t- -' I o:ii:.: 7 l.

ALLOWING THE MACMAS

WITHOUT COSTS

IN THE HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYOERABAD

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TUESDAY, THE FOURTEENTH^{DAYOF MARCH} TWO THOUSAND AND TWENTY^THREE

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PRESENT

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THE HONOURABLE SMT^{JUSTICELALITHA KANNEGANTI}

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M .A.C.M.A.NO: 1293 OF^20'12

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AND

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M.A.c.M.A.NO.s85 0F²⁰¹⁰

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M.A.C.M.A.NO: 1293 F 20'.t2

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Between:

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Smt.Ancha Mrudula, Wo.late^{Venkatesh, aged 30 years, Occ: Housewife'}

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Anche Devarsh Kumar,^{S/o.late Venkatesh,Aged 5 years,( Minor) rep by his} guardian and natural mother Smt.Anche^{MrudulaVvho is the Appeallant No 1} herein.

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Smt.Anche Kamala^{Kumari,Wo PurnachandraRao, AgeQ 5Q ye.ars,.Occ:}

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ff.ireno6 R/o.Flat No 103, Suraksha Millennium, White Fields, Kondapur, Hydeiabad

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Anche Purnachartdra^{Rao,S/o.Venkateshwar Rao Occ: Service}

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AllareR/o.FlatNol03,SurakshaMillennium,WhiteFields,Kondapur, Hyderabad.

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...APP ELLANTS/C^{LAI{ItrAN TS}

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AND

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The A.P.S.R.T.C,^{repby its Managing Director O/o Bus Bhavan, RTC Cross} Roads, Musheerabad.^HYderabad.

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The APSRTC,^{rep by its Depot Manager, Hakimpet' Hyderabad}

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... RESPONDENTS/RESPONDENTS

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Counsel for the Appellants:SRl.^{M RAMALINGESWARA REODY}

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Gounscl for the Respondents:^{Mr. TOOM SRINIVAS, (SC FOR APSRTC)}

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 385 OF 2010

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Between:

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The A.P.S R T.Corporation, rep by its Managing Director O/o.Bus Bhavan, RTC Cross Roads, Mushrrabad, Hyderabad.

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The APSRTC, rep by its Depot Manager O/o.Hakimpet, Hyderabad

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...APPELLANTS/RESPONDENTS

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AND

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Smt,Anche Mrudhula, Wo.late Venkatesh Housewife and Pvt Service

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Anche Devarsha Kumar, S/o.late Venkatesh, (Minor) rep by his natural mother Respondent No.1.

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Smt.Anche Kamala Kumari, Wo Poornaachandra Rao, aged 53 years, Occ:Pvt Service

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Sri Anche Poornaachandra Rao, S/o.Venkateswara Rao, aged 59 years, Occ Pvt Service

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...RESPONDENTS/PETITIONERS

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All are Resident of Plot No.201, Sai Harika Residency, Devapuram Main Road, Guntur. Now R/o.Shamial Buildings, Begumpet, Hyderabad

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Appeal filed under Order 173 of Motor Vehicles Act against the order and decree dated 25.06.2009 passed in OP No.2195/2007 on the file Court of the^V Additional Metropolitan & Sessions Mahila Court, Hyderabad.

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This appeal coming on for hearing and upon^perusing the Memorandum^of Appeal, the order of the Lower Court and the material^papers in the case, and^upon hearing the arguments of Sri Mr. RAMALINGESWARA REDDY, for the Appellantsⁱⁿ M.A.C..M.A. Nos 1293 of 2012 and Respondents in 385 of 2010 and Sri Mr^TOOM SRINIVAS SC FOR RTC, for Appellants in M.A.C.M A^{No.385of 20'10} .and Respondents M.A.C.M A. Nos. 1293 OF 2012.

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This Court Order and Decree as follows:

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That the Motor Accident Civil Miscellaneous Appeal^{be and hereby is allowed} enhancing the compensation from Rs.13,.5,000/- to^{Rs 21} ,22,9321- ,

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That the enhanced amount shall cany interest al7^.5o/op a^{from the date of} petition till the date of realization

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That the Claimants shall pay the court fee on the enhanced compensation;

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That the lnsurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment,

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That on such deposit, the^{clarmantsbe and hereby are entitled to wtthdraw} the entire amount without furnishing^{the security;}

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6, That save as aforesaid, the^{decreeof the Lower Court shall stands confirmed} in all other respeds; and

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7- That tf€re be no order as to costs^{in this appeal-}

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Sd/- MOHD. SANAULLAH^ANSARI ASSISTANT REGISTRAR //rRUE COPY// aD

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seciiorv oFFtcER

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To,

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The V Additional Metropolitan Sessions^{Judge(MahilaCourt)-cum-XlxAdditional} Chief Judge, City Criminal Courts^{at Hyderabad.}

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Two CD Copies

r )p-

HIGH COURT

DATED: 1410312023

COMMON DECREE MACMA.N o.1293 of 2012 AND MACMA.No.385 OF 2010

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ALLOWING^{THE MACMAS} WITHOUT^COSTS

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k *⁺ $

Smt.Ancha Mrudula and 3 Ors. v. the Ap State Road Transport Corporation and Anr.

Case brief

What is this about?

What did the court decide?

Smt.Ancha Mrudula and 3 Ors. v. the Ap State Road Transport Corporation and Anr.

Case brief

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What did the court decide?

What the court decided

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