Dismissed

United India Insurance Company Limited v. Rachuri Pentaiah and 4 Otehrs

Telangana HC6 Mar 2023MACMA/1765/2008

Case brief

AI extract

What is this about?

The High Court of Telangana dismissed a motor accident civil miscellaneous appeal filed by United India Insurance Company. The Court rejected the insurer's submission regarding the driver's invalid license due to lack of evidence and upheld the lower court's compensation award.

What did the court decide?

The appeal was dismissed, confirming the judgment and decree dated 11.03.2008. No order as to costs.

United India Insurance Company Limited Vs Rachuri Pentaiah and 4… — Insurance | Telangana HC (2023)

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IN THE HIGH COURT^{FOR THE STATEOF TELANGANA AT HYOERABAD}

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MONDAY,IHE^{SIXTH DAY OF MARCH} TWO THOUSAND^{AND TWENTY THREE}

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PRESENT

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THE HONOURABLE^{SMT JUSTICE LALITHA KANNEGANTI}

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MOTOR ACCIDE^{NT CIVIL MISCELLANEOUSAPPEALNO: 1765 OF 2008}

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App6al filed^r.rnder Section^{173 of Motor VehiclesAct'againstthe Judgment and} Decreedated.1103.2008,inO.P.No83of2006,passedbytheSpecialJudgefor Economicoffences-cum-VlllAdditionalMetropolitanSesstonsJudge-cum. XXll Additional Chief^{Judge, CityCriminalCourts, Hyderabad}

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Between:

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UNITED INDIA INSURANCE^{COMPANY LIMITED, Represented by its} Divrsional Officer-X,2nd^{Floor, Crystal Plaza, Masab Tank, Hyderabad'}

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...APPELLANT/RESPONDENT^NO'2)

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AND

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RACHURI PENTAIAH, S/o.^{Late Venkanna, Occ:Agriculture}

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Smt. Rachuri Laxmamma,,^{W/o.R. Pentaiah,Occ: Household}

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3 Rachuri Venkatesham,,^{S/o. R.Pentaaah,Occ:Student}

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Rachuri Punyavathi, Dio. R.^{Pentaiah, Occ:Student} All are R/o. iz-s4rcAta, Laxmi^{Nagar, Madannapet,Hyderabad} ...RESPONDENTS/PETITIONERS

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N. Neela Reddy, S/o.^{N. Narsimha Reddy, Occ:Business, R/o.'1-65/16, Regadi} Ghanapur Villale, Chevella^{Mandal, Ranga Reddy Diskict.}

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...RESPONDENT'RESPONDENT^NO.1

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l.A. NO: I OF 2008(MACMAMP.^{NO: 3851oF 2008}

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Petition under Section^{'l51of C.P.C., praying that in the circumstances} stated in the affidavit^{filed in supportof the petition, the High Court maybe} pleased to grant stay of all further^{proceedings including the execution of decree} in O P.No.83i2O06 dt.11.03.2008,^{on the file of the special Judgefor} Economic Offences^{-cum- Vlll Additiorial MetropolitanSessionsJudge} -cum- XXll Additional Chief Judge,^{City Criminal Courts, Hyderabad}

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!.A. NO: 2 OF 2008(M ACMAMP. N O: 7138 O F 2008)

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Between:

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RACHURI PENTAIAH S/o Late Venkanna, Occ:Agriculture

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Smt. Rachuri Laxmamma.. Wo fl. pentaiah,Occ: Household

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Rachuri Venkatesham,, S/o R pentaiah, Occ.student

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4 Rachuri Punyavathi, D/o R. pentarah Occtstudent All are R/o 12-3-1168/4. Laxnrr Nagar, tUaAannapet Uyderabad ... PETITIONERS/RESPONDENTS

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AND

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1 UNITED INDtA TNSURANCE lOMpANy L|M]TED, Represented by its Divisional Off icer-X, 2nd Floor Crystat plaza, fr4asab iJnt",i.tyderabad.

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2 N. Neela Reddv, S/o N Narsrmha Reddy. Occ.Business, R/o.1_65/16, Regadi Ghanaprrr vrlase Cheve ia [/;;6riR;;#'ii""i',i, birtri"t (Respondent No 2 rs no"r necessary pu.tf roi t,ii i"t,t,iii, '

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Petition under Section 1 5.1 of C. p C. , praying that in the clrcumstances stated in the affidavrt filed in support of the petition, the High Court may be pleased vacate the stay orcer passed in MACMAMP No.3g5.r/2008 in MACMA No.1864/2008 dated 08 07 2OAB

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Counsel forthe Appe[ant :SRt. V. VENKATARAMI REDDY

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Counsel for the Respondent Nos.^.l to 4: SRI C. VIKRAM CHANDRA

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Counsel for the Respondent No.s : None Appeared

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The Court made the following

: JUDGMENT

I I

I i I I

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THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

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MACMA No.1765 of 2008

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JUDGMENT

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This appeal is preferred by the appellant-lnsurance Company aggrieved by the award and decree dated 11-03-2008 in O.P.No.B3 of 2006 on the file of the Special Judge for Economic Offences-cum-Vlll Additional Metropolitan Sessions Jude-cum-XXll Additional Chief Judge, City Criminal Courts, Hyderabad, wherein the Tribunal has awarded compensation of Rs.2,50,000/- with interest at 60lo per annum for the death of the deceased in the accident that occurred on 20-10-2004.

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Learned counsel for the appellanllnsurance Company Mr. V. Venkatarami Reddy submits that the driver of the offending vehicle was not having valid driving licence and the Court below erred in fastening the liability on the insurance company. He further submits that in the light of the law laid down by the Apex Court in National tnsurance Company Limited vs. Swaran Singh and othersⁱ , lnsurance Company may be directed to pay and recover.

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When it is the case of the lnsurance Company that the driver of the vehicle was not holding valid driving licence, the burden lies on the lnsurance Company to examine the mncerned and iet in evidence in this regard. Admittedly in this case, no such evidence was let in by the

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' 12oo+1^s scc^zsz

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'*. a;

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LKJ MA CMA Nc 1765 o( 2008

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F F i.

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lnsurance Conrpany. Hence thrs Court finds no reason to interfere with

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the award passed by the Tribunal

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

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Miscellaneous petitions. rf any^pending rn this appeal, shall stand

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d ismissed

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Sd/. B. SARASWATHI ASSISTANT REGISTRAR

/iTRUE COPY//

e2fr

SECTiON OFFICER

To,

The Court of the Specral Judge for Economic Offences -cumVlll Additional Metropolitan Sessions Judge^-cum- XXll Additronal Chief Judge. City Criminal Courts, Hyderabad

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One CC to SRl. V VENKATARAIvII REDDY, Advocate [OPUC]

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3 One CC to SRI C VIKRAM CHANDRA, Advocate [OPUC]

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Two CD Copies

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HIGH COURT

DATED:0610312023

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JUDGMENT

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MACMA.No.1765 of 2008

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DISMISSING THE M.A.C.M.A. WITHOUT COSTS

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t I I i ) ri l I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

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MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1765 OF 200I

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Between:

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UNITED INDIA INSURANCE COMPANY LIMITED, Represented by its Divisional Officer-X,2nd Floor, Crystal Plaza, MaSab Tank,Hyderabad.

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...APPELLANT/RESPONDENT NO.2)

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AND

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RACHURI PENTAIAH, S/o. Late Venkanna, Occ:Agriculture

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Smt. Rachuri Laxmamma,, Wo. R. Pentaiah,Occ: Household

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Rachuri Venkatesham,, S/o. R. Pentaiah, Occ:Student

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Rachuri^punyavathi, D/o. R.^pentaiah, occ:student

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All are Fl/o. 12-3-116Q1A, Laxmi Nagar, Madannapet,Hyderabad

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...RESPONDENTS/PETITIONERS

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N. Neela Reddy, S/o. N. Narsimha Reddy, Occ:Business, Fi/o.1-65/16. Reoadi Ghanapur Village, Chevella Mandal, Rariga Reddy District.

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...RESPONDENT/RESPONDENT NO.1

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Appeal filed under Section 173 of Motor Vehicles Act, against the Judgment and Decree dated.'t1.03.2008,in O.p.No.g3 of 2006,passed by the special Judge for Economic offences -cum- vlll Additional Metropolitan sessions Judge -cum- XXll Additional chief Judge, city criminal courts, Hyderabad.

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This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of Lower Court and the material papers in the case and upon hearing the arguments of Sri V. Venkatrami Reddy, Advocate'for the Appellant and Sri,C. Vikram Chandra, Advocate for Respondents Nos.^,l to 4 and this Court doth Judgment and Decree as follows:

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That the appr:al be and hereby is dismissed confirming the order dated. 11.03.2008, in O P.No.83 of 2006,passed by the Special Judge for Economic Offences -cum- Vlll Additional Metropolitan Sessions Judge -cum- XXll Additional Chref Judge, City Criminal Courts, Hyderabad and

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That there be no order as to costs in this appeal.

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Sd/. B. SARASWATHI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1 The Court of the Special Judge^{for Economic Offences-cum-} Vlll Additional Metropolitan^{Sessions Judge-cum-XXll Additional} Chief Judge, City Criminal^{Courts, Hyderabad}

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