TCDS,J MACMA_1218_2019 APHC010397702019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 1218/2019 Between: 1. KOMARAGIRI PANDU @ HARITA, D/O KOTESWARA RAO, 20 YEARS, R/O SRINIVASA COLONY, NALLAPADU, GUNTUR DIST. ...APPELLANT AND 1. MODUGULA YESU BABU, S/O PRAKASA RAO, R/O NALLAPADU, GUNTUR DIST. 2. RELIANCE GENERAL INSURANCE COMPANY, REP.BY ITS MANAGER, 10/2, ARUNDELPET, GUNTUR DIST., COVER NOTE NO. 236856 ISSUED BY VIJAYAWADA BRANCH, VALID FROM 07-05-2007 TO 06-05-2008. ...RESPONDENT(S): Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toThe order in MVOP. No.1016/2007, dated 29.06.2009 passed by the Motor Vehicle Accidents Claims Tribunal - cum - III Addl. District Judge, Guntur. IA NO: 1 OF 2019 TCDS,J MACMA_1218_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 41 days in filing the MACMA. IA NO: 2 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 declare the petitioner as Major and discharge her father as her guardian and to pass. Counsel for the Appellant: 1. A RAJENDRA BABU Counsel for the Respondent(S): 1. GUDI SRINIVASU 2. TCDS,J MACMA_1218_2019 The Court made the following Judgment: The present appeal is filed by the claimant aggrieved by order dated 29.06.2009 in MVOP No.1016/2007, on the file of Motor Vehicles Accidents Claim Tribunal-cum-III Additional District Judge, Guntur. 2. Though, the appellant raised various grounds in the appeal, during the course of hearing, he advanced arguments questioning the action of the Tribunal in exonerating the 2nd respondent from liability. 3. On perusal of the order under challenge, it is evident that the Insurance Company was not made liable to pay compensation on the ground that the driver of the tractor had not valid license. The issue involved in the present appeal is no more res intra and the same has been decided by the Hon’ble Apex Court in the case of “National Insurance Company Ltd., Vs. Swaran Singh and others1”. In the said judgment, the Apex Court had held that even if there is no valid driving license to the driver of the offending vehicle, the Insurance Company has to pay 1 (2004) 3 SCC 297 TCDS,J MACMA_1218_2019 the compensation and later the same can be recovered from the owner of the offending vehicle. 4. In view of the ration laid down by the Hon’ble Apex Court in the above case, the present appeal would have to be allowed and the 2nd respondent- Insurance Company is directed to pay the compensation awarded by the Tribunal and the same can be recovered from the owner of the vehicle. 5. With the above observations, the appeal is allowed. There shall be no order as to costs. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR 31.01.2026 DR/CHS TCDS,J MACMA_1218_2019 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR MACMA.No.1218 OF 2019 Date: 31.01.2026 DR/CHS