Hdfc General Insurance Co.Ltd Vs… — Motor Accident Claims | Andhra Pradesh HC (2026)

Hdfc General Insurance Co.Ltd Vs… — Motor Accident Claims | Andhra Pradesh HC (2026)

APHC010361042021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3505]

THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR

MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO:

592/2021

Between:

HDFC GENERAL INSURANCE CO.LTD, REP.BY ITS BRANCH.MANAGER, DWARAKANAGAR, VISKHAPATNAM

...APPELLANT

AND

SMT CHINTAPALLI KONDAMMA, W/O RAMU, AGED 49 YRS, R/O D.NO.2-52-101, KOTHAPETA, TAGARAPUAVALASA VILLAGE, BHEEMLI MANDAL, VISAKHAPATNAM DISTRICT.

NAGARAJU RAMA KRISHNAM RAJU, S/O. NARASIMHA RAJU, AGE. NOT KNOWN TO THE APPELANBT BUT MAJOR, R/O GCC LAYOUT, KOMMADI, MADHURAWADA, VISAKHAPATNAM DISTRICT.

BAJAJ ALLIANZ GENERAL INSURANCE CO LTD, REP.BY ITS BRANCH MANAGER, TP CLAIMS, PEEJAY PLAZA, 3RD FLOOR,VIP ROAD, CBM COMPOUND, VISAKHAPATNAM.

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MEDA APPALA RAJU, S/O.NARASIMHULU, AGED 31 YRS, OWNER-CUM- DRIVER OF AUTO NO.AP-31UB/TR-6830, R/O.SANGIVALASA VILLAGE, BHEEMUNIPATNAM MANDAL, VISAKHAPATNMA DISTRICT.

...RESPONDENT(S):

Counsel for the Appellant:

1.KOTA SUBBA RAO

Counsel for the Respondent(S):

1.CKR ASSOCIATES

The Court made the following:

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JUDGMENT:-

The present appeal is filed questioning the order dated 04.03.2021 in M.V.O.P.No.341 of 2013 on the file of the learned VI Additional District Judge-Cum-Chairman, Motor Accident Claims Tribunal, Visakhapatnam.

The respondent No.1 filed claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.2,50,000/- for the injuries sustained by him in the accident that was occurred on 08.08.2011 in which the offending vehicles bearing registration No.AP 31 UB T/R 6830 and Van bearing registration No.AP 31 TA 5779 were involved. It is the case of the appellant that the 1^st respondent was travelling in auto and the accident was occurred due to the negligence of the both the drivers of the offending vehicles and thereby the 1^st respondent sustained injuries.

The Tribunal upon consideration of the oral and documentary evidence placed before it, by order under challenge awarded compensation of Rs.1,16,630/- together with interest @ 9% per annum. Aggrieved by the same, the present appeal is

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preferred by the appellant/4^th respondent HDFC ERGO General Insurance Company Limited.

The only ground urged in the present appeal is that, at the time of accident, the driver of the auto bearing registration No.AP 31 UB T/R 6830 had no valid driving license and therefore, the appellant is not liable to pay compensation.

It is the specific case of the appellant that at the time of accident, the driver of the auto had no valid driving license. The Motor Vehicle Inspector was examined as R.W.1, who deposed that the driver of the auto did not produce driving license. On the other hand, the petitioner had filed copy of the report submitted by the Motor Vehicle Inspector in which it was clearly mentioned that the driver of the auto had valid driving license and the same is valid till 24.06.2012. In the case on hand, the accident was occurred on 08.08.2011, on which date admittedly the driver of the auto had valid driving license. In such circumstances, the contention of the appellant that the driver had no valid driving license is liable to be rejected. As already noted supra, except the above contention, no other ground is raised in the present appeal. In view of the categorical finding given by the Tribunal

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and in the absence of any material placed before this Court. The

appeal is liable to be dismissed.

Accordingly, the appeal is dismissed. No order as to costs.

As a sequel, all pending miscellaneous petitions, if any,

shall stand closed.

_____________________ JUSTICE T.C.D. SEKHAR

Dt.12.02.2026 SR