United India Insurance Company ... vs Chokka Govinda Babu 3 Others
2022 Latest Caselaw 7136 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                   MAIN CASE No: MACMA. 1571 of 2013

                            PROCEEDING SHEET

Sl.                                                                    OFFICE
        DATE                           ORDER
No.                                                                    NOTE.

.     16.09.2022    TMR, J

                            Counsel appeared for the appellant
                    submitted that notice is not required to
                    the 2nd respondent/driver. To that effect,

she also filed a memo dt.14.09.2022, stating that Appellant counsel for Insuance sent a personal notice to the Respondent No.3, but it is returned as not delivered "addressee cannot be located". By relying on the Apex Court Judgment reported in 2007 (6) SCC 555 C.C.Alavy Haji Vs.Palapetty Muhammed and another, in support of her contention, the service of notice is to be presumed.

Heard counsel for the appellant and also for the claimants.

Orders reserved.

No representation on behalf of the Appellant.

Counsel appearing for the Insurance Company submitted that Owner is not shown as a party to the Appeal. In absence of the owner, there will be no liability for the insurance company. Appellant is directed to get ready by next adjournment.

Post on 27.09.2022.

_________ TMR, J

GPJ