APHC010953942018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 83/2019 Between: 1. NELLORE NARASAIAH, S/O.LATE VENKATAIAH, AGED 62 YEARS, R/O. 2ND LINE, SANGADIGUNTA, GUNTUR DISTRICT, ANDHRA PRADESH. ...APPELLANT AND 1. K RADHA, W/O.ILARIPRASADA RAO, AGED NOT KNOWN (OWNER OF THE LORRY BEARING NO.AP-7T- 1454), R/O.D.NO.25/1247, PRAGATHI NAAR, 1ST LINE, B- BLOCK, NEAR PODALAVARI VEEDHI, NELLORE, ANDHRA PRADESH. 2. THE NATIONAL INSURANCE CO LTD, REP. BY ITS DIVISIONAL MANAGER, NELLORE, ANDHRA PRADESH. ...RESPONDENT(S): Appeal filed under Order 41 of CPC before the High Court against the order passed in M.V.O.P.No. 801/2004 dated 14.05.2008 by the Motor Accidents Claims Tribunal-cum-IV Additional District Judge, Guntur 2 TCDS, J M.A.C.M.A.No.83 of 2019 IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 3019 days in filing the MACMA and to pass Counsel for the Appellant: 1. A RAJENDRA BABU Counsel for the Respondent(S): 1. GUDI SRINIVASU 2. The Court made the following: 3 TCDS, J M.A.C.M.A.No.83 of 2019 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR M.A.C.M.A.No.83 of 2019 ORDER: The present appeal is filed aggrieved by order dated 14.05.2008 in M.V.O.P.No.801 of 2004 on the file of Chairman Motor Vehicles Accidents Claims Tribunal-cum-IV Additional District Judge, Guntur FAC VII Additional District Judge, Guntur by the appellant/claimant on the ground that the claim against the insurance company was dismissed. 2. The petitioner filed claim petition seeking compensation of Rs.1,00,000/- together with interest on account of injuries and permanent disability sustained by him in the accident that occurred on 08.07.2004 in which the vehicle belonging to the respondent No.1 was involved. The respondents contested the claim of the petitioner before the Tribunal. Having enquired into the matter the Tribunal by order under challenge awarded compensation of Rs.2,72,000/- together with interest at the rate of 7.5 per annum from the date of petition till the date of realisation by fastening the liability on the respondent No.1/owner of the 4 TCDS, J M.A.C.M.A.No.83 of 2019 offending vehicle, while dismissing the claim against respondent No.2/Insurance company on the ground that the driver of the offending vehicle had no valid driving license as on the date of accident. Aggrieved by the same the claimant preferred the present appeal on the ground that the Tribunal erred the exonerating Insurance company from the liability. 3. Heard the counsel for the appellant/claimant and learned counsel appearing for respondent No.2/Insurance company. There is no appearance for the respondent No.1. Perused the record. 4. The learned counsel for the appellant would strenuously contend that the Tribunal erred the exonerating the Insurance company from the liability and the order under challenge is liable to be set aside. In support of his contention, he relied on the Judgment rendered by the Honourable Apex Court in the case of National Insurance 5 TCDS, J M.A.C.M.A.No.83 of 2019 company limited v. Swaran Singh and others1 wherein the Honourable Apex Court had held as under: “(iv) The insurance companies are, however with a view to avoid their liability must not only establish the available defence(s) raised in the said proceedings but must also establish ‘breach’ on the part of the owner of the vehicle, the burden of proof wherefor would be on them. (v) The court cannot lay down any criteria as to how said burden would be discharged, in as much as the same would depend upon the facts and circumstances of each case.” 5. In the case on hand admittedly nothing is placed on record to show that the driver of the offending vehicle had no valid driving license on the date of accident. The counsel for the respondent/Insurance company would place reliance on Ex.A2 charge sheet filed by the petitioner to show that the driver had no valid driving license. Based on the charge sheet, the Tribunal had come to the conclusion that the driver of the vehicle had no valid license. Further, there is no iota of evidence to show that the driver of the offending vehicle had valid driving license. Merely because, there was no license, the Tribunal ought to have directed the Insurance 1 2004 vol-III SCC 297 6 TCDS, J M.A.C.M.A.No.83 of 2019 company to pay the compensation and to recover the same from the owner later. 6. In the circumstances, following the road laid down by the Honourable Apex Court in the case National Insurance company limited v. Swaran Singh and others, the order under challenge is modified and the Insurance company is directed to pay the compensation awarded by the Tribunal and the same may be recovered from the owner of the vehicle later. It is needless to mention that in view of the order in I.A.No.1 of 2019 the appellant shall not be entitled to claim interest for the period of delay in preferring the present appeal. 7. Accordingly the appeal is allowed to the extent indicated above. _____________________ JUSTICE T.C.D.SEKHAR 16.04.2026 PBS 7 TCDS, J M.A.C.M.A.No.83 of 2019 117 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR M.A.C.M.A.No: 83 of 2019 Date: 16.04.2026 PBS