National Insurance Company Limited vs Arige Mallaiah And 6 Ors
2024 Latest Caselaw 2347 Tel

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

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.

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