A.P.S.R.T.C. & Anr vs K.Hemalatha & Ors on 28 April, 2008
As far as aspect of last opportunity to
apply brake and avoid accident as held by the Hon'ble
Supreme Court in the case of Andhra Pradesh State Road
Transport Corporation and Another (supra) is concerned, in
peculiar facts and circumstance and as evidence on record, it
cannot be said that only because Indica Car which was
coming behind, its driver had last opportunity. The peculiar
facts which can be culled out from the panchnama as well as
other evidence on record clearly shows that when 10 wheels
huge vehicle was being driven that too on a express highway
and when driver applied brake, he should have been more
careful when plying such a heavy vehicle on express highway
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C/FA/59/2019 JUDGMENT DATED: 25/01/2022
where speed is not as restricted as any other highway or
national highway or state highway.