APHC011496372012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 19/2025 Between: The National Insurance Company Ltd., ...APPELLANT AND Abdul Basheera Begum and Others ...RESPONDENT(S) Counsel for the Appellant: 1. SRAVAN KUMAR MANNAVA Counsel for the Respondent(S): 1. SUBHANI S M The Court made the following: 2 MACMA.No.19 of 2025 JUDGMENT: This appeal was filed under Section 173 of M.V. Act, 1988 against the decree and judgment dated 20.06.2011 passed in M.V.O.P.No.387 of 2005 on the file of the Motor Vehicles Accident Claims Tribunal-cum-Judge, Family Court-cum-IV Additional District Sessions Judge, Vijayawada, filed under Section 166 of M.V.Act, r/w 455 of A.P.M.V. Rules, claiming compensation of Rs.4,00,000/- for the death of Abdul Ayub in the accident. 02. The learned counsel for the appellant submitted that the Tribunal failed to notice that there is no liability to the insurer since the person driving the insured vehicle at the time of the accident is a cleaner who had no driving licence and the driver of the lorry who was sleeping in the cabin died in the accident. Therefore, she submitted that the Tribunal ought to have at least directed the insurance company to first pay to the claimants and then recover the amount paid from the insured. 03. Heard the learned counsel for the respondent Nos.2 to 4/claimants. 04. Though notice was served on the respondent No.7, no appearance has been made. In fact, the respondent No.7 herein is the respondent No.2 before the Tribunal and remained ex-parte. 05. Notice sent to the respondent No.6 herein/respondent No.1 before the Tribunal is unserved, though it was sent to the same address as given before the Tribunal. The petition against him was dismissed by the Tribunal. He was the person driving the insured vehicle at the time of the accident. 3 MACMA.No.19 of 2025 06. In view of the above admitted facts, the appeal is allowed and the appellant is directed to first pay the amount of compensation to the claimants and then recover the same from the owner/insured of the vehicle bearing No.AP 31X 1126 by executing this order, without filing any separate suit. There shall be no order as to costs. Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous petitions, if any, shall stand closed. ________________________ JUSTICE B.S.BHANUMATHI Date: 21.02.2025 NSM 4 MACMA.No.19 of 2025 70 HON’BLE Ms. JUSTICE B.S.BHANUMATHI MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 19/2025 Date: 21.02.2025 NSM