Telangana High Court
National Insurance Company Limited vs Arige Mallaiah And 6 Ors on 21 June, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A. No.133 OF 2010
JUDGMENT:
This appeal is preferred by the Insurance Company being aggrieved by the judgment and decree dated 01.09.2009 passed in M.V.O.P.No.141 of 2001 by the Motor Vehicle Accident Claims Tribunal-cum-I Additional Distirct and Sessions Judge, Ranga Reddy at L.B. Nagar, Hyderabad (for short 'the Tribunal'), whereby the Tribunal has awarded compensation of Rs.1,00,000/- to respondent Nos.1 to 5 herein.
2. It is the case of the claimant that on 26.03.2000 while the deceased was proceeding along with her younger son as a pillion rider, on their scooter, the driver of the auto bearing No. AP 10U 613 drove the vehicle at high speed in a rash and negligent manner and hit the scooter from backside. As a result, the deceased died on account of injuries.
3. The Tribunal, having considered the evidence on record, allowed the petition directing the auto driver/respondent No.1 2 and the Insurance Company/respondent No.2 to pay compensation of Rs.1,00,000/-.
4. Heard both sides.
5. The Insurance Company had filed the present appeal only on the ground that the driver of the offending auto did not have valid driving license.
6. The Tribunal found that the Insurance Company has not brought on record any evidence to show that the driver of the offending vehicle did not possess a valid driving license to drive the vehicle when the accident happened.
7. When the Insurance Company claims that driver of the vehicle did not have valid driving license, the burden is always on the Insurance Company to prove the said fact. Mere assertion before the Tribunal that the driver was not having valid driving license cannot form basis for the Tribunal to reject the compensation. In view of the same, this Court finds that the compensation was rightly granted by the Tribunal as such the order needs no interference. 3
8. Accordingly, the appeal is dismissed. No order as to costs.
9. This Court, by order dated 15.02.2010, granted stay of execution of decree dated 01.09.2009 subject to condition of the Insurance Company depositing 50% of the decreetal amount with costs and interest within six weeks from that date.
10. In view of the dismissal of appeal, the appellant is directed to deposit the remaining amount before the Tribunal along with interest as awarded by the Tribunal from the date of filing of petition till the date of realization. On such deposit, the claimants are permitted to withdraw the same, without furnishing any security, as apportioned by the Tribunal.
Miscellaneous petitions pending, if any, shall stand closed.
__________________________ JUSTICE K.SURENDER Date: 21.06.2024 PRN/NDS