The Apex Court held the Insurance Company liable to pay compensation even without a valid driving licence. Relying on this, the High Court dismissed the appeal filed by the insurer against the Tribunal's order granting the claimed amount.
The appeal was dismissed and the lower court's decree was confirmed.
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
THURSDAY ,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1743 OF 2011
Appeal filed Under Section 173 of M.V. Act, aggrieved by the Order dated 24.02.2011 passed in O.P.No.1230 of 2008 on the file of the court of the Chairman, Motor Vehicles Accidents Claims Tribunal-cum-lll Additional District Judge (Fast Track Court) Nalgonda District.
Between:
The National lnsurance Company Ltd., Divisional Office, Regency House Green Lands Road, Somajiguda, Hyderabad Rep. by its Branch Manager
...RESPONDENT NO.2/APPELLANT
AND
...CLAIM PETITIONERS/RESPONDENTS
MACMAMP. NO: 3332 OF 2011
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay
all further proceedings including execution of the order and decree dt. 2410212011 passed in OP.No. 1230 of 2008 on the file of the court of the Motor Accidents Claims Tribunal-cum-lll Additional District Judge (FTC) Nalgonda District.
Counsel for the Appellant : Smt. l. MAAMU VANI
Counsel forthe Respondents: Sri SURESH KUMAR POTTURT
The Court delivered the following: JUDGMENT
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HON'BLB SMT. JUSTICE LALITHA KANNEGANTI
M.A.C.M.A No.1743 of 2011
JUDGMENT:
Tl.ris is an appeal filed by the Insurance Company aggrieved by tlrejudgmerrt and decree dated 24.02.2011 passed by the Motor Accidents Clairns Tribunal-cum-III Additional District Judge (I F.T.C.) at Nalgonda (for short, 'the Tribunal') in OP No.l230 of 2008, whereby the Tribunal has granted an amount of Rs.4,50,000/- out of the clairned al.nounI of Rs.4,50,000/-.
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respondents/claimants, relying on thejudgrnent of the Apex Courtin
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National Insurance Company Limited v. Swaran Singhr, submits that the Hon'ble Apex Court in those case has held that even in the absence of a valid driving licence, still the Insurance Oompany is liable to pay the amount and recover the same from the owner of the vehicle.
Miscellaneous applications, pending if any, shall stand closed.
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//TRUE COPY//
Sd/-K.AMMAJI ASSISTANT REGISTRAR eb SECTION OFFICER
1- The chairman, Motor Vehicres Accidents craims Tribunar-cum-ilr Additional District Judqe (Fast Track Court) Nalgonda District. 2. one cc to smr. r. rrraailu'vJni Ad;;;;r"jii'CuAi"
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HIGH COURT
DATED:2310212023
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JUDGMENT
MACMA.No.1743 of 2011
DISMISSING THE MACMA
WITHOUT COSTS
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY ,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT. JUSTICE LALITHA KANNEGANTI
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1743 OF 2011
Between:
The National lnsurance Company Ltd., Divisional Office, Regency House Green Lands Road, Somajiguda, Hyderabad Rep. by its Branch Manager
...RESPONDENT NO.2/APPELLANT
AND
| 1.Avula Kalamma,Wo.LateVenkatesham, Age:35years,Occ:Housewife Rl/o.Thurkapally Village and mandal Nalgonda District |
|---|
| 2.Avula Madhavi,D/o. LateVenkateshamAge:18years, Occ: StudentRlio. Thurkapally Village and mandal Nalgonda District |
| 3.Avula Mahesh, S/o.LateVenkatesham Age:16years, Occ: StudentRl/o. Thurkapally Village and mandal Nalgonda District being minor Rep.bytheir naturalmotherand guardian, i.e., Respondent No.1herein |
| 4.Avula Sandhya, D/o.LateVenkateshamAge:'t4years, Occ: StudentRl/o. Thurkapally Village and mandal Nalgonda District being minorRep. bytheir natural motherandguardian i.e., Respondent No.1 herein |
| 5.Avula Narsamma,Wo.Narsaiah Age:50years,Occ:HouseholdRl/o. Thurkapally Village and mandal Nalgonda District |
| 6.Polloboina Mallesh,Sio.Komaraiah Age: major,Rl/o.H.No.4-43 Thurkapally village and mandal Nalgonda District |
...CLAIM PETITIONERS/RESPONDENTS
Appeal filed Under Section 173 of M.V.Act, aggrieved by the Order dated 24.02.20'11 passed in O.P.No.1230 of 2008 on the file of the court of the Chairman, Motor Vehicles Accidents Claims Tribunal-cum-lll Additional District Judge (Fast Track Court) Nalgonda District.
ORDER: This appeal coming on for hearing and upon perusing the Memorandum of Appeal, the order of the Lower Court and the material papers in the case, and upon
hearing the arguments of Smt. l. MAAMU VANI, Advocate for the Appellant and Sri P. SURESH KUMAR, Advocate for the Respondents.
DECREE: This Court order and Decree that the Decree of the Lower Court be and hereby is confirmed and this Appeal is Dismissed and this Court doth further Order and Decree that there be no orders as to costs in this Appeal.
Sd/.K.AMMAJI ASSISTANT REGISTRAR //TRUE COPY// GD SECTION OFFICER
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HIGH COURT
DATED:2310212023
DECREE
MACMA.No.1743 of 2011
DISMISSING THE MACMA
WITHOUT COSTS
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1 issue framed by the court
Whether the Insurance Company is liable to pay compensation to the claimants when the driver did not possess a valid driving licence.
Colour shows how this judgement treated each authority
National Insurance Company Limited v. Swaran SinghRelied on¶31
National Insurance Company Limited v. Swaran Singh
National Insurance Company Limited v. Swaran SinghrRelied on¶34
National Insurance Company Limited v. Swaran Singhr
1 provisions across 1 enactments
The National Insurance Company Ltd.
Avula Kalamma
Avula Madhavi
Avula Mahesh
Avula Sandhya
Avula Narsamma
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
