Telangana High Court

LPA/164/2002 of THE NEW INDIA ASSURA.CO.LTD.KURNOOL. Vs HARIJANA THIMMAKKA.AND2 OTHERS on 31 December 2013

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SRI JUSTICE L.NARASIMHA REDDY AND HON’BLE SRI JUSTICE M.S.K. JAISWAL L.P.A. No.164 OF 2002 JUDGMENT: (Per Hon’ble Sri Justice L. Narasimha Reddy) The respondents 1 and 2 filed O.P.No.272 of 1993 before the Motor Accident Claims Tribunal-cum-III Additional District Judge,

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

AND

HON’BLE SRI JUSTICE M.S.K. JAISWAL

L.P.A. No.164 OF 2002

JUDGMENT: (Per Hon’ble Sri Justice L. Narasimha Reddy)

The respondents 1 and 2 filed O.P.No.272 of 1993 before the Motor Accident Claims Tribunal-cum-IIIAdditional District Judge, Kurnool, claiming compensation on account of death of Obulesu, husband of the1[st] respondent and son of the 2[nd] respondent in an accident involving in the vehicle bearing No.APG 7164owned by the 3[rd] respondent and insured with the appellant. After contest by the appellant herein, theTribunal passed an order on 09.04.1996 awarding a sum of Rs.50,000/- as compensation.

Alleging that the deceased was a gratuitous passenger in a goods vehicle, the appellant filedA.A.O.No.1384 of 1996 before this Court. Following the judgment of the Supreme Court in New IndiaAssurance Com. Ltd., vs. Satpal Singh[[1]], the learned Single Judge dismissed the A.A.O., through orderdated 31.01.2011. Hence, this L.P.A. under Clause 15 of the Letters Patent Act.

Heard learned counsel for the petitioner and learned counsel for the respondents.

It is no doubt true that A.A.O. was dismissed by placing reliance on the judgment of the SupremeCourt in Satpal Singh (1 supra) and that the said judgment was not found to be good law in New India Assurance Com. Ltd., vs.Asha Rani[[2]]. The fact however remains that in a subsequent judgment, the Supreme Court in NationalInsurance Com. Ltd., vs. Baljit Kaur and others[[3]]held that even in such cases, the insurer must satisfy thedecree and thereafter recover the amount from the owner of the vehicle.

In that view of the matter, the appeal is dismissed. It is however made clear that it shall be open tothe appellant to pay compensation and then recover the same from the owner of the vehicle in accordancewith law. There shall be no order as to costs.

The miscellaneous petition filed in this appeal shall stand disposed of.

____________________

L. NARASIMHA REDDY, J.

_______________

M.S.K. JAISWAL, J.

31.12.2013

KH

[1]2000 (1) SCC 2272000 (1) SCC 227

[2](2003) 2 SCC 223 : 2003 SCC (Crl.) 493(2003) 2 SCC 223 : 2003 SCC (Crl.) 493

[3](2004) 2 Supreme Court Cases 1

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