Apsrtc v. G.Vasudha

HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO C.M.A. No.1820 of 2004 JUDGMENT:

Heard both sides.

2) Both the parties would submit that in the connected matters i.e, MACMA Nos.941, 942 and 946 of 2005, this Court passed the common judgment dated 22.04.2014 apportioning the liability between the respondents 2 and 3 in the O.P 50% each and therefore, in the present O.P.No.2139 of 2000 under appeal also the liability may be apportioned between respondents 2 and 3 in the O.P in the same ratio. The parties produced the copy of judgment in MACMA Nos.941, 942, and 946 of 2005 dated 22.04.2014.

3) Perused the common order in MACMA Nos.941, 942 and 946 of 2005. MACMA No.941 of 2005 was filed against the order in O.P.No.2140 of 2000; MACMA No.946 of 2005 was filed against the order in O.P.No.2141 of 2000; and MACMA No.942 of 2005 was filed against the order in O.P.No.2139 of 2000.

a) MACMA No.942 of 2005 is concerned, the said appeal was filed by the United India Insurance Company Ltd. i.e, 2nd respondent in O.P.No.2139 of 2000 whereas the instant CMA No.1820 of 2004 is also filed against the Award in O.P.No.2139 of 2000 but by the A.P.S.R.T.C, who is the 3rd respondent in the O.P. Since the aforesaid common order was passed in respect of O.P.No.2139 of 2000 also, there is no need to

pass a separate order in the instant CMA as the said common order is applicable to the present CMA also.

4) With the above observation, this CMA is closed. No costs in the appeal.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

__________________________ U. DURGA PRASAD RAO, J Date: 30.11.2016 scs