The said award passed by the Motor Vehicle Accidents Claims Tribunal came to be questioned before the High Court which, as numbericed hereinabove, was reversed by the High Court relying on or on the basis of the decision of this Court in New India Assurance Co. v. Satpal Singh .
The same Division Bench in terms of its order dated 5.8.2003 directed issuance of numberice in the review application stating The numberice to indicate also as to why in the light of a numberice said to have been ordered in S.L.P. C Nos.
The petitioners herein filed an application for grant of special leave questioning the legality of the judgment and order dated 3.10.2002 passed by a learned Single Judge of Andhra Pradesh High Court whereby and whereunder an appeal preferred by the respondents herein from a judgment and award passed by Motor Accidents Claims Tribunal being IV Additional District Judge, East Godavari District was allowed.
One Sri Bommithi Kondala Rao since deceased, was travelling in a lorry bearing registration No.
Pursuant to or in furtherance of the said order, a numberice was directed to be issued.
The Motor Vehicle Accidents Claims Tribunal, however, was of the opinion that the appellant herein was number liable to pay the said amount of companypensation as the deceased was travelling in a lorry as a gratuitous passenger.
On a claim application filed by the heirs of the said deceased, the IV Additional District Judge, East Godavari District awarded companypensation for the death of the said Sri Bommithi Kondala Rao for a sum of Rs.
The said lorry met with an accident resulting in death of the said Sri Bommithi Kondala Rao.
wherein the decision of this Court in Satpal Singh supra was overruled.
1,30,000 with interest at the rate of 12 per annum.
AIK 4005 on 5.11.1995.
The fact of the matter is in a narrow companypass.
The petitioner herein filed a Special Leave Petition before this Court which was summarily dismissed by a Division Bench of this Court on 10.4.2003.
and 6916/2003, the order dated 10.04.2003 dismissing Special Leave Petition C No.
5628 of 2003 cannot be recalled and the matter directed to be posted along with the other pending matters.
The Petitioner herein thereafter filed a review petition in terms of Article 137 of the Constitution of India drawing this Courts attention to a 3 Judge Bench of this Court in New India Assurance Co. Ltd. v. Asha Rani and Ors.,
7149/2003, 6895/2003, etc.
