An appeal against an insurer's liability award. The High Court relied on Mukund Dewangan to hold that a transport endorsement on a driving licence is not required, dismissing the insurer's contestation.
Appeal dismissed; no order as to costs; pending miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY ,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
MACMA.No.2518 of 2012
Appeal Under Section 173 of Motor Vehicles Act against the Order and Decree made in MVOP.No.1047 ot 2OOT dated 22.10.2008 on the file of the Court of the Chairman, Motor Accident Claims Tribunal -cum- District Judge, Khammam.
Between:
lM/s. Reliance General lnsurance Co. Ltd., Rep. by its Branch Manager, D.No.40-1-21-3 4th floor, Surya Towers, Near Hotel Kandhari, MG Road, Vijayawada-10.
...APPELLANT
AND
Res. 2 to 4 are rep. by their mother -Res.1 R/o S.C. Colony, Konijerla Mandal, Khammam District.
All are Rl/o S.C. Colony, Konijerla Mandal, Khammam District.
...RESPONDENTS/PETITIONERS
...RESPONDENT/RESPONDENT No.'l
MACMAMP. NO: 3306 OF 2009
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased grant stay of all further
proceedings including the execution proceedings if any in OP No.'1041/2007 on the file of the N,4ACT cum District Judge, Khammam order dated 22.10.2O08 pending disposal of the above MACI\4A.
Counsel for the Appellant: SRI K. S. N. MURTHY and SMT. MANIKYAVALLI
Counsel forthe Respondent Nos.1 to 5: SRI BAGLEKAR AKASH KUMAR, FOR
SRI VIVEK JAIN
Counsel for the Respondent No.6: SRI K. SRINIVASA
The Court delivered the following: JUDGMENT
HONOURABLE SRI JUSTICE N. TUKARAMJI
M.A.C.M.A.No.2518 of 2OL2
JUDGMENT:
Heard M/s. K.S,N.Murthy and Smt. Manikyavalli, learned counsel for appellant/2nd respondent and Sri Baglekar Akash Kumar representing Sri Vivek Jain, learned cou nsel for respondents/petitioners.
NIR,J IYACMA 25TB-2012
2
4 The appellant/2nd respondent/insui"er vvould contend that the driver of the auto/of'rending vehicle was holding driving licence without transport endorsement and as the auto/offending vehicle is registered in transport category it amounts to violation of policy condition, thereby the insurer cannot be held liable to indemnify the owner/insu redl 1st respondent.
'(2012)14 scc664
NTR,] i4ACMA 2518 2012
3
I I
"Whether transport endorsement deficient driver's licence at relevant time would add up to violation of policy condition to absolve the insurer's liability?"
/
4
NTR,] I\4ACMA 2518 2012
As a sequel, miscellaneous petitions pending, if any,
shall stand closed.
SD/-I.NAGA LAKSHMI DEPUTY REGIST
//TRUE COPY//
SECTIO OFFICER
To,
Khammam. (with records)
I
a One CC to Sri K. S. N. Murthy, Advocate [OPUC]
3 One CC to Sri Vivek Jain, Advocate [OPUC] 4 One CC to Sri K. Srinivasa, Advocate [OPUC] Two CD Copies El One Spare Copy gbr\y
HIGH COURT
DATED: 0210912022
arAiE --=:i=:\ c;(,.<br>-J;a l)
() 11 ttt $n
/v.-
DfSP
JUDGMENT
MACMA.No.2518 of 2012
DISMISSING THE MACMA WITHOUT COSTS
c\ aY
IN THE HIGH COURT FORTHE STATE OFTELANGANA AT HYDERABAD
FRIDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTYTWO
PRESENT
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
MACMA.No.2518 ol 2012
Between:
M/s. Reliance General lnsurance Co. Ltd., Rep. by its Branch Manager, D.No.40-1-21-3 4th floor, Surya Towers, Near Hotel Kandhari, MG Road, Vijayawada-10.
...APPELLANT
AND
All are Fl/o S.C. Colony, Konijerla [Vandal, Khammam District.
...RESPONDENTS/PETITIONERS
...RESPONDENT/RESPONDENT No.1
Appeal Under Section 173 of Motor Vehicles Act against the Order and Decree made in MVOP.No.1047 of 2OO7 dated 22.10.2008 on the file of the Court of the Chairman, Motor Accident Claims Tribunal -+um- District Judge, Khammam.
This petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Revision Case and upon hearing the arguments of Sri K. S. N. Murthy and Smt. Manikyavalli, Advocate for the Appeltant and of Sri
Baglekar Akash Kumar, for Sri Vivek Jain, Advocate for the Respondent Nos.1 to 5 and of Sri K. Srinivasa, Advocate for the Respondent No.6.
This Court doth Judgment and Decree as follows:
SD/.I.NAGA LAKSHMI DEPUTY REGISTRAR
//TRUE COPY//
-'
SECTION OFFICER
To,
HIGH COURT
DATED: 0210912022
DECREE
MACMA.N o.2518 ot 2012
DISMISSING THE MACMA WITHOUT COSTS /*\ @**dv
1 issue framed by the court
Whether deficiency in driving licence (lack of transport endorsement) violates policy conditions to absolve the insurer's liability?
Colour shows how this judgement treated each authority
Mukund Dewangan Vs. Oriental Insurance Company LimitedRelied on¶38
Mukund Dewangan Vs. Oriental Insurance Company Limited (2012)14 scc664
1 provisions across 1 enactments
Reliance General Insurance Co. Ltd.
Velpula Nirmala
Velpula Venkatesh
Velpula Rajeswari
Velpula Mounika
Velpula Pichamma
N. Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
