Dismissed

Royal Sundaram Alliance Insurance Company Limited, Chennai. v. Bandi Ramachandram , Ramachandru and 4 Others

Telangana HC16 Mar 2023MACMA/2376/2008

Case brief

AI extract

What is this about?

The High Court of TelangANA dismissed the appeal filed by Royal Sundaram Alliance Insurance Company Limited against the Motor Accidents Claims Tribunal award. The Court held that since the insurance company failed to place evidence showing the letter of cancellation was sent to the vehicle owner, the Tribunal's decision was upheld.

What did the court decide?

The Motor Accident Miscellaneous Appeal was dismissed with no order as to costs.

Royal Sundaram Alliance Insurance Company Limited, Chennai. Vs… — Insurance | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY,THE SIXTEENTH 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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M.A.C.M.A.N o. 2376 0F 2008

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Appeal filed Under section 173 of M.v.Act against the Judgment and Decree made in o.P.No.131 of 2003 dated 2'1.03.2007 on the fire of the court of the chairman, Ivlotor Accidents claims Tribunal (lll District Judge/F.T.c) at Nalgonda. Between:

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Royal Sundaram Alliance lnsurance Company Limited, K.F.S. Hyderabad. Rep.by its Branch Manager, [H/O] Ro_yal Sundarain A iance lhsurance'Co. Ltd, H.fio.,4Om wnrles Raod, Chennai. Cover Note No.0002921 valid from 29.04.2022 to 27.04_2003.

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...AppELLANT/RESpONDENTNO.2

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AND

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Bandi Ramachandram @ Ramachandru S/o Narsarah, Occ: Hamali

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?^{qand! Narsamma,Wo Ramachandram} @^Ramachandru

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Pand!^{Srinivas,S/o Ramachandram} @^Rlmachandru

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Bandi Renuka, D/o Ramachandram @ Ramachandru

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All are R/o Vengapally Village, preseifly Rl/o Gollaguda Banda, Nalgonda.

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K.Krishna, R/o H.No.1O-1-462, s/o Veeraiah 1st floor, Lepakshi business, o*"", Colony, "iifo!3i3l',rt"ilB1?5-tjll3|r=*West Maredpilly, Secunderabad.

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...RESPONDENT/RESPONDENT

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Counsel for the Appellant : SRl. KOTA SUBBA RAO

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Counsel for the Respondents: SRI B. PARAMESEWARA RAO

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The Court made the following: JUDGMENT

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THE HONOURABLE^{SMT. JUSTICE LALITHA KANNEGANTI}

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M.a.c'M'A'Nq'2E26^{of 28Qg}

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JUDGMENT:

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Thc tnsurance^{coml)i1llyis aggrievedby the award dated} 2l'o3.2oo7ino.P'No.13loi2Oo3passedbytheChairman,Motor Accidents claims^{Tribunal(lII Addl. District Judge) atNalgonda'} v.,hereby, the^{court bclou' l.ras ar'l'ardedthecompensation of} Rs.1,88,70O/^{- to the claimants}

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Having heard^{Mr' Kota Subba Rao' learnedcounsel lor the} insurance^{colnpzrnyand Mr' IlParameswarzr Rao' learned counselfor} the claimants^{andpe rused the cntire materialon record'}

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The case of^{the insurance company beforethe courtbelor'l' is} that the insurance^{policy issucdfor the offending vehiclewas for the} period from 28.04^{2OO2 to 27 'O4'2OO3' It is their furthercasethat} they have acldressed^{a lcttcr that is markeda s Ex'B2 to the1 "t} respondent/^{ou'nerinforming about the return of the chequeas} unpaid and^{cancelling the corrernotesinceinception and the copy of} the same^{u'as also marked to the Transport Commissioner'It is their} further case that^{thesai<1 letter was issuedon 29 'O5 '2OO2and the} accident took Place^{on 31 72'2OO2'}

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Learned counse^{1 for the appellantssubmits that the court} belou, relying on^{the judgement reported in7998 ACJ 723 (Ortental} Insurance Compang^{Limitedas. Inderiit Kaur & Ors)has directed}

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'. ,;i

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LK, J MACMA_2376_200a

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lhe insurance company to pay the amount and recover the same from the owner of the vehicle.

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Learned counsel lor thc insurance company submits that as on the date ol accident, they have cancelled the policy and there is no policy existing for the oflending vehicle and hence, the question of pay and recover will not arise.

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The case of the insurance company is that they have cancelled the policy from the date of issuance by addressing a letter dated 29.O5.2OO2. But, no evidence was let in before the court in that regard and no acknowledgement is filed to show that they have sent the said letter to the respondent owner of the vehicle.

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The court below has rightly dealt with the issue and directed the insurance company to pay and recover the compensation amount.

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[n that view of the matter, this court finds no reasons to interfere with the award passed by the court below.

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In the result, the Motor Accident Miscellaneous Appeal of the insurance company is dismissed.

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LK, J MACMA 237 6 20()4

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Pcnding miscellaneor-rs^pelitions, il^{any, shall standclosed} Sd/. MOHD.^{SANAULLAH ANSARI} ASSISTANT^REGISTRAR

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//TRUE^COPY//

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SECTION^OFFICER

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To, The Chairman,^{lrilotor Accidents Claims Tribunal(lll District Judge/F-T'C) at} Naloonda.^{(With Records)} 23 ffi5tii"'s;'iot,^{sroui Rao Advocate (oPugl} ^.

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23 Orre CC^{to Srl B.Parameswara Rao' Advocate (OPUC)}

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3 4 Two CD^CoPies

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HIGH COURT DATED:1610312023

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( S i:
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JUDGMENT

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MACMA.No.2376 of 2008

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

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0n
1 ltlq

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY,THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTYTHREE

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PRESENT

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THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

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M.A. c .M.A. NO. 2376 0F 2008

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Between:

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Royal Sundaram Alliance lnsurance Company Limited, K.F.S. Hyderabad. Rep.by its Branch Manager, [H/O] Royal Sundaram Alliance lnsurance Co. Ltd, H.No.46m, Whites Raod, Chennai. Cover Note No.0002921 valid from 28.O4.2022 to 27.04.2003.

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...APPELLANT/RESPONDENT NO.2

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AND

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1- Bandi Ramachandram @ Ramachandru S/o Narsaiah, Occ: Hamali

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Bandi Narsamma, Wo Ramachandram @ Ramachandru

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Bandi Srinivas, S/o Ramachandram @ Ramachandru

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Bandi Renuka, D/o Ramachandram @ Ramachandru

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All are R:/o Vengapally Village, Presently Rl/o Gollaguda Banda, Nalgonda.

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...RESPONDENTS/PETITIONERS

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K.Krishna, S/o Veeraiah business, Owner of lndica Car No. AP-10-U-8559 Rl/o H.No.'10-1-462, 1st floor, Lepakshi Colony, West Maredpally, Secunderabad.

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...RESPONDENT/RESPONDENT

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Appeal filed Under Section 173 of M.V.Act against the Judgment and Decree made in O.P.No.'131 of 2003 dated 21.03.2007 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal (lll Diskict Judge/F.T.C) at Nalgonda.

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ORDER: This appeal coming on for hearing and upon perusing the grounds of appeal, the Judgment and Decree of the Lower Court and the material papers in the Suit and upon hearing the arguments of Sri Kota Subba Rao, for the Appellant and of Sri B.Parameswara Rao, Advocate for the Respondent Nos. 1to4.

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This Court doth Order and Decree as follows :

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