Hdfc Ergo General Insurance Co., ... vs Doddichinthala Anjaneyulu
2023 Latest Caselaw 5330 AP

               HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI

      MAIN CASE No: M.A.C.M.A.No.691 of 2023

                                   PROCEEDING SHEET

Sl.                                                                                   OFFICE
        DATE                                 ORDER
No.                                                                                    NOTE

04. 06.11.2023 Dr. KMR, J

                                        I.A.No.1 of 2023

                        This petition is filed to grant stay of all further
                 proceedings pursuant to the Judgment and Decree dated
                 18.07.2023 passed in M.V.O.P.No.1109 of 2017 on the file of
                 Motor Accidents Claims Tribunal - cum - I Additional District
                 Judge, Guntur, including the execution proceedings.

                        Heard learned counsel for the petitioner(s)/appellant(s).

                        Learned    counsel   for   the   petitioner(s)/appellant(s)
                 submits that the finding of the Tribunal is that the respondent

No.3 may not be liable to pay compensation as there is no insurance policy has been issued in favour of respondent No.2 vehicle much less the valid insurance policy and further invoking the principle of pay and recovery as has been observed by the Hon'ble Supreme Court of India in National Insurance Company Limited Vs. Swarna Singh 2004 (3) SCC

In view of the above directions learned counsel for the appellant(s) vehemently opposed that the Judgment cited above is applicable only to the policy owner and not covered under certain liabilities, then only this pay and recovery Judgment is covered but in this case as there is no such insurance policy, without insurance policy the insurer is not liable to pay

Contd...

compensation by way of principle of pay and recovery.

Considering the submissions made and on perusal of the material on record, there shall be an interim stay of all further proceedings as prayed for.

_______________ Dr. KMR, J

M.A.C.M.A.No.691 of 2023

Issue notice to respondent(s).

Learned counsel for the petitioner(s) is permitted to take out personal notice to respondent(s) by Registered Post with Acknowledgement Due and file proof of service in the Registry.

Post the matter on 04.12.2023.

_______________ Dr. KMR, J MKK