Allowed

United India Insurance Co. Ltd. v. Chinthalacheruvu Jangaiah and Anr.

Telangana HC28 Jul 2023MACMA/3244/2009

Case brief

AI extract

What is this about?

The High Court allowed the insurance company's appeal against the Motor Accidents Claims Tribunal's award. Despite the driver lacking a license, the court held the owner liable for permitting the drive, directing the insurer to deposit the awarded amount and recover it from the vehicle owner.

What did the court decide?

Award set aside; Insurance company directed to deposit compensation and recover same from vehicle owner; No order as to costs.

United India Insurance Co. Ltd. Vs Chinthalacheruvu… — Motor Accident Claims | Telangana HC (2023)

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[³²¹⁶ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE TWENW EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE M.LAXMAN

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M.AC.M.A.NO: 3244OF 20

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Appeal Under Sectron 173 of lr/otor Vehicles Act against the order and decree in OP.No.268 of 2006, dated 03-03-2009 on the file of the Court of the^Chairman, Motor Accident Claims Tribunal - cum -^I Additional District Judge^{at Nalgonda.}

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Between:

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United lndia lnsurance Co Ltd, rep by Branch Manager, O/o.Branch Office^Suryapet Town, Nalgonda District.

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.....APPELLANT/RESPONDENT 2 IN O.P

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AND

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Chinthalacheruvu Jangaiah, S/o.Veeraiah, 53^years, Attender in MDO Office, O/o.Suryapet. No.3-5-19212, Jammigadda, Suryapet Town, Presently residing at Gandhinagar, Nalgonda Town, Nalgonda District.

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...,RESPONDENT/PETITIONER

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L.Sravan Singh, S/o.Vachya Naik, tvlajor Business, Owner of Tractor and Trailer Nos.AP 24U 2412 and 2413 R/o.Rajya Naik Thanda, Yerkaram Village, suryapeet Mandal,

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,..RESPONDENT/R.1

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M.A.C.M,A.MP.NO 4780 0F 2009)

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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 of all further proceedings including the execution of^judgement and decree dated 03.03.2009 in O.P.No.268/2006^passed by the MACT cum lAddl.District Judge, Nalgonda, including withdrawal of money deposited by the petitioner company pending the above appeal.

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Counsel for the Appellant : Sri.V.Sambasiva Rao

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Counsel for the Respondents : None Appeared

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The Court made the following Judgment :-

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THE HONOURABLE SRI JUSTICE M.^LAXIIIAN

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MOTOR ACCIDENT CIVIL^{MISCELLANEOUS A.PPEAL} No.3244 oF 2OO9

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JUDGMENT:

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The presenl- lL4otor Accident Civil^{M isccllarncc' r-rs AppeaJ} has been directed against award^{ciated 03 0.3 .2009 in} O.P.No.268 of 2006 on the file^{of the Motor Accider-rtsClaims} Tribunal-cum-l Additional District^{Judge atNalgonda,} (hereinafter referred to as 'lribunal'), whereunclel the^r:laim of respondcnt No.1 herein lor^{grant c)f compt:r:satiott lor} in-jurie s sustained by him u'as^{parl.ly allou'eclgranting} competrsation of Rs.80,000/-^{:rlong rvith inl3rest atrd} directed the petitioner and^{respondent No.2 herein to pay the} said compensation^jolntly ald^severally.

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'Ihe main challenge in the presenl case is that as per the First Information Reporl {lrlR) and^{chat'geslrect, tlrc} driVer of the vehicle was not^{holdingdriving liccns;c.Hertce,} il is contended bi' the appellant-insurance^{compally that the} owner of Lhe vehicle allowed the^{driver to drive :he vehicle} without di:iving license and thereby,^{bteached the condition} o[' insurance policy. Therefore,^{the apoellanl--in sttrance} corrrpany is not liable^{to pay coml)cnsati()nas drrer:ted by the} Tri bu nal.

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)

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3 None appeared^{and there is no represelltation lor lhe} respondents

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The poiice^{recorcis clearly show- ttrat the driver of the} vehicle involved^{has no drivir'-rg llcenseThe inj ured-} respondent^{No.1 is a third parly and hc carinot be blamed} basing on the^{contract of insurancecntcrcd in betu'een the} owner of the^{vehicle and the insurance compal-iy'The owuer} of the vehicle^{i.e., respon<Jent No 2 hereindid not enter itrto} rvitness box to^{claim that lhe driver,u'hodrovethe vehicleat} the time^{of accident has takcn the said vehicle withouthis} knowleclge. In^{the absenceof such cvidence' the only} conclusion is^{that the ownerhanded over the vehicle to the} driver,^'who had^{no license and made him drive the vehicle} ancl said action^{resultedintot1-re present acciderlt'} Therefore, this^{Court feels that the appellantinsurartce} company shall^{be directed to depositthe entire amountas} awarded by the^{Tribunalr'vith a iiberty to l'ecover the same} from the owner^{of the vehicle on the strength ofthis} judgment.

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In the result,^{the Motor Accident Civil Miscellaneous} Appeal is^allowed and the award dated^{03.O3.2OO9 in}

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O.P.No.268 of 2006 on the file of the Motor Accidents Claims Tribunal-cum I Additional District Judge at Natgonda, directing the appellant insurance company to prry the compensation is set aside. However, the appellan t-insurance company is directed to deposit the entire amount of compcnsation granted by the Tribunal and recover the same from the owner of the vehicle i.e., respondent No.2 herein on the strength of the present judgment. No order as to costs Miscellaneous petitions pending, if any, shall stand clc sed

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Sd/-MOHD. SANAUL LAH ANSARI ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTI()N OFFICER

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The Motor Accidents Claims Tribunal -cum -l Addl.District Judge at Nalgonda. (With Records). 2. One CC to Sri.V.Sambasiva Rao, Advocate [OPUC] 3- Two CD Copies

P^...,

HIGH COURT

DATED:2810712023

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JUDGMENT

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MACMA.No.3244 of 2009

ALLOWING THE MACMA

WITHOUT COSTS.

Qf^0^, \abe'

[³²¹⁶ ]

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE M,LAXMAN

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M.AC.M-A.NO: 3244 OF 2009

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Between:

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United lndia lnsurance Co Ltd, rep by Branch Manager, O/o.Branch^{Office Suryapet} Town, Nalgonda District.

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..APPELLANT/RESPONDENT 2 IN O.P

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AND

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1 .Chinthalacheruvu Jangaiah, S/o.Veeraiah, 53^years, Attender in lvlDO Off i ce, O/o. Su ryapet. R/o. 3-5- 1 I 21 2, Jammigadda, Suryapet Town, Presentl^y residing at Gandhinagar, Nalgonda Town, Nalgonda Diskict.

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....RESPONDENT/PETITIONER

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2-L-Sravan Singh, S/o.Vachya Naik, Major Business, Owner of Tractor and Trailer Nos.AP 24U 2412 and 2413 Rl/o.Rajya Naik Thanda, Yerkaram Village, suryapeet lrilandal,

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.....RESPONDENT/R-.I

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Appeal Under Section 173 of Motor Vehicles Act against the order and decree in OP.No.268 of 2006, dated 03-03-2009 on the file of the Court of the Chairman, Motor Accident Claims Tribunal - cum - I Additional District Judge at Nalgonda.

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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 case and upon hearing the arguments of Sri.V.Sambasiva Rao, Advocate for the Appellant and of None Appeared for the Respondent.

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This Court doth Order and Decree as follows : -

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That the Motor Accident Civil Miscellaneous Appeal be and hereby is allowed.

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That the award dated 03-03-2009 in O.P.No.26B of 2006 on the file of the Motor Accidents Claims Tribunal - cum - I Additional District

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Judge at Nalgonda Directing the appellant - lnsurance Company to pay the compensation be and hereby is set a side.

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3 That the appellant - lnsurance Company be and hereby is directed to deposit the entire amount of compensation granted bi the Tribunal and recover the same from the owner of the-vehicle i.ir. respondent No.2 herein on the strength of the present judgment.

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

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Sd/-MOHD. SANAUI-LAH ANSARI ASSISTANT REGISTRAR //TRUE COPYi/

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SECTI N OFFICER

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To 1.The Motor Accidents Claims Tribunal -cum -l Addl.District Judge at Nalgonda. 2.Two CD Copies

frrt(.

HIGH COURT

DATED:2810712023

DEGREE

MACMA.No.3244 of 2009

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ALLOWING THE MACMA WITHOUT COSTS.

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'QM.o^, 2-L.|.^g{ut

United India Insurance Co. Ltd. v. Chinthalacheruvu Jangaiah and Anr.

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd. v. Chinthalacheruvu Jangaiah and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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