P.Mohansree vs The State Of Andhra Pradesh
2022 Latest Caselaw 1857 AP

    THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

               Writ Petition No.10413 of 2022

ORDER:

Heard the learned counsel for the petitioner and learned

Standing Counsel for the respondent Nos.2 to 4.

As rightly pointed out the learned counsel for the

petitioner on 10.01.2022, the respondents agreed to transfer

the ownership of the private bus No. AP 03 TC 7733 on

certain terms and conditions. Later, on 15.03.2022 further

conditions were imposed. The petitioner is now directed to file

an application before the Motor Accidents Claims Tribunal,

where a MACT case is pending. The learned counsel for the

petitioner submits that it is not necessary for him to go to the

MACT and file a separate application along with an

undertaking to indemnify the corporation. He relies upon the

judgment passed in W.P.No.16564 of 2019 and prays for

similar order. Petitioner agrees to indemnify the respondents

corporation.

The learned Standing Counsel also agrees with the

earlier order passed in a similar case and since the petitioner

agrees to indemnify the corporation he submits that the same

can be recorded.

As rightly pointed out by the learned counsel for the

petitioner, the respondent cannot insist that the petitioner

should file an application before Motor Accident Claim

Tribunal with an indemnity bond. Petitioner agrees to

indemnify the corporation. Therefore, in this case also there

shall be a direction to the respondent No.2 to issue No

Objection certificate to the petitioner in respect of the above

bus on his furnishing an appropriate undertaking on a stamp

paper in favour of the respondent corporation to indemnify

and keep the Corporation indemnify against the losses,

damages etc. The bond should be furnished within a period of

two (2) weeks from the date of receipt of a copy of this order.

With this direction, the writ petition is disposed of. No

costs.

As a sequel, miscellaneous petitions, if any, pending in

this Writ Petition shall stand closed.

________________________ D.V.S.S.SOMAYAJULU,J Date: 19.04.2022 AG

THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

Writ Petition No.10413 of 2022

DATE: 19.04.2022

AG