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High Court of Andhra Pradesh · body

2025 DAILYLAW 10561 (AP)

NATIONAL INS CO LTD., VJA, KRISHNA DIST v. SRIRAMA SUBRAMANYAM, PRAKASAM DIST & 5 OTHERS

MACMA/1899/2016 · 2025-04-25

A Hari Haranadha Sarma

body2025

Judgment text

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31 Judgment referred by the learned MACT vide National Insurance Company Limited Vs. Swaran Singh and Ors.’s case [cited 1supra], Divisional Manager, New India Assurance Company Limited, Kadapa Vs., Acchigari Prasad and Ors.’s case [cited 2supra], National Insurance Company Limited, Nellore Vs, Leguntapati Sri Venkateswara Rao’s case [cited 3 supra], and New India Assurance Company Limited, Khammam Vs. Karam Dhanalakshmi [cited 4 supra], found not applicable in view of the discussion made in paras 41 to 51 above. 53. For the reasons aforesaid, point No.4 is answered in favour of the appellant-Insurance Company and against the claimants, driver and owner of the offending vehicle, concluding that the Insurance Company is able to show that the driver of the offending vehicle did not posses driving licence to drive the offending vehicle, consequently the Insurance Company is not liable to pay compensation. Point No.5:- 54. For the reasons stated and conclusions drawn on point No.4, the findings of the learned MACT under the impugned award dated 11.02.2016 as to liability of the Insurance Company found not sustainable in law and on facts. Point No.5 is answered accordingly.