IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.4064 OF 2004 Between: Union of India, represented by its General Manager, South Central Railway, Secunderabad .....APPELLANT AND Ala Pullaiah and others ....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.4064 OF 2004 JUDGMENT: This Civil Miscellaneous Appeal, under Section 173 of the Motor Vehicles Act, 1988, is directed against the order, dated 04.05.2004, in M.V.O.P.No.1069 of 1999 on the file of the Motor Vehicle Accidents Claims Tribunal (II Additional District Judge) Guntur, whereunder and whereby, the appellant was made liable to pay 40% of the compensation amount awarded to respondent Nos.1 to 3 herein. 2. Heard both sides. 3. In identical set of facts and circumstances, this Court in C.M.A.No.4175 of 2004 & C.R.P.Nos.2574, 1601 and 2579 of 2005, which matters are arising out of the same accident as in the instant case, held that the Tribunal committed wrong in attributing contributory negligence to the driver of the train to the extent of 40% and consequently exonerated the Union of India from any liability to pay the compensation. 4. It is obvious that the corporation alone is liable, since the negligence can squarely be attributed to the driver of the A.P.S.R.T.C. In view of the said Judgment, the appeal shall have to be allowed and as a result thereof, the corporation alone becomes liable to pay the compensation. 5. Accordingly, the Civil Miscellaneous Appeal is allowed setting aside the order of the Tribunal to the extent of 40% liability on the appellant. The entire liability shall be on the A.P.S.R.T.C. The appellant is entitled to withdraw the amount, if any, deposited by it. There shall be no order as to costs. _______________ K.C. BHANU, J April 30, 2010 MD