The Regional Manager, vs Bandakadi Susheela,
2024 Latest Caselaw 3812 Tel

Telangana High Court

The Regional Manager, vs Bandakadi Susheela, on 13 September, 2024

           THE HONOURABLE SRI JUSTICE K.SURENDER

                      MACMA. No. 1161 of 2014

JUDGMENT:

Aggrieved by the order dated 01.10.2013 in O.P.No.135 of

2012 passed by the VIII Additional District and Sessions Judge, FAC

III ADJ (Fast Track Court), Medak, the Insurance Company has filed

the present appeal.

2. Heard both sides and perused the record.

3. The case of the claimant is that on 19.01.2012 while the

deceased and another person were proceedings towards

Pocharamaral side from Burugugpally village on his motorcycle to

attend bore well repair, meantime, Ashok Leyland Container vehicle

came from opposite direction driven by its driver in rash and

negligent manner with high speed and dashed the deceased,

resulting which the deceased fell down and received grievous

injuries and died on the spot.

4. Learned counsel appearing on behalf of the Insurance

Company would submit that the only point would arise in the present appeal is regarding finding of the Tribunal about the driver

of the vehicle not holding a valid license. Having found that the

driver did not hold a valid license, the Tribunal committed error in

granting compensation.

5. Having perused the record, it is not disputed regarding

driver of the vehicle was not holding a valid license. The Tribunal

found that owner of the vehicle did not hand over the vehicle to

driver having knowledge that the driver did not have a driving

license. For the said reason, the liability of the Insurance Company

cannot be denied. However, in the said circumstances, this Court

deems it appropriate to direct pay and recovery of the compensation

amount.

6. Accordingly, the appeal is ordered.

__________________ K.SURENDER, J Date: 13.09.2024 mmr