Dismissed

The United India Insurance Company Ltd, v. Mulla Khadervalli

Telangana HC10 Sept 2014CMA/65/2005

Case brief

AI extract

What is this about?

In this accident compensation appeal, the Insurance Company challenged an award to the deceased's legal heirs. The Commissioner had awarded damages for the death of a driver who died while driving a commercial jeep. The appellant argued the driver lacked a commercial passenger vehicle licence. The Court found the appellant failed to prove this defect in evidence.

What did the court decide?

The Civil Miscellaneous Appeal is dismissed and the Commissioner's order is upheld.

The United India Insurance Company Ltd, Vs Mulla Khadervalli — Telangana HC (2014) — LawSathi Research

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HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.M.A.No.65 of 2005

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Date : 10-9-2014

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Between : The United India Insurance Company Ltd., Represented by its Branch Manager, Trunk Road, Ongole .. Appellant

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And Mulla Khadervalli and others .. Respondents

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Counsel for appellant : Sri Srinivasa Rao Vutla Counsel for respondents : None appeared

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The Court made the following : ORDER:

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This Civil Miscellaneous Appeal arises out of order dated 14-10-2003 in W.C.No.29 of 2002 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Ongole (for short “the Commissioner”).

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By the above mentioned order, the Commissioner has awarded a sum of Rs.2,68,214/- as compensation for the death of one Shaik Madarvali, who died in a motor accident. The admitted fact is that the deceased was a driver working under respondent No.6 and he has died while driving the jeep in the course of his employment on account of an accident. The only contention advanced by the learned Counsel for the appellant is that though the deceased was holding Light Motor Vehicle (LMV) driving licence, he was not legally entitled to drive a commercial passenger vehicle without a passenger driver’s licence with badge.

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A perusal of the evidence would show that RW-1, an employee of the appellant, RW-2 and RW-3, the employees of the Regional Transport Office, were unable to substantiate the stand taken by them in their evidence that

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the driver of a commercial LMV carrying passengers requires a different licence from LMV licence. Therefore, the appellant failed to prove the plea that the deceased was not legally entitled to drive the passenger vehicle for commercial purpose. No other point has been argued by the learned Counsel for the appellant.

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For the above mentioned reasons, I do not find any illegality in the order of the Commissioner.

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The Civil Miscellaneous Appeal is accordingly dismissed.

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As a sequel to the dismissal of the Civil Miscellaneous Appeal, interim order dated 5-8-2004 is vacated and CMAMP No.13100 of 2004 is disposed of as infructuous.

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Justice C.V. Nagarjuna Reddy

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Date : 10-9-2014 AM

The United India Insurance Company Ltd, v. Mulla Khadervalli

Case brief

What is this about?

What did the court decide?

The United India Insurance Company Ltd, v. Mulla Khadervalli

Case brief

What is this about?

What did the court decide?

What the court decided

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