NATIONAL INSURANCE CO. LTD Vs. K. DWALI

JUDGEMENT

(1.) AGGRIEVED by the Award dated 01.05.2008 in OP No.2566 of 2006 passed by the Chairman, MACTcum -XI Additional Chief Judge (FTC., City Civil Courts, Hyderabad (for short the Tribunal. both the National Insurance Company Limited and claimants preferred MACMA Nos.164 and 1660 of 2009 respectively. Since both the appeals arise out of same award, they are disposed of by this common judgment. The parties in both the appeals are referred as they stood before the Tribunal.

(2.) THE factual matrix of the case is thus:

(3.) HEARD arguments of Sri T. Ramulu, learned counsel for appellant in MACMA No.164 of 2009 and respondent No.2 in MACMA No.1660 of 2009 and Sri P. Ramakrishna Reddy, learned counsel for respondents 1 to 4 in MACMA No.164 of 2009 and appellants in MACMA No.1660 of 2009. Though the owner of crime vehicle was served with notices in both the appeals, there is no representation for him. 4. Learned counsel for Insurance Company mainly and solely contested both the appeals on the ground that the driver of the auto had driving licence to drive auto rickshaw non -transport and whereas the crime vehicle was auto rickshaw transport and therefore, for the breach of the terms of policy committed by the owner of the vehicle, the Insurance Company may be exonerated from the liability or in view of the latest decisions, Insurance Company may be directed to pay compensation and recover the same from owner of the auto.