PREMIER INSURANCE COMPANY KAKINADA Vs. R JAGADESWARA RAO

JUDGEMENT

(1.) This Letters Patent Appeal is filed by the Premier Insurance Company, Kakinada against a judgment of our learned brother Chennakesav Reddy, J. By means of his order, Chennakesav Reddy, J. reversed an order of the District Judge, Rajahmundry, dated 25-3-1974 dismissing Execution Petition No. 15 of 1973 in O. P. No. 76 of 1967 filed under R. 530-A of Andhra Pradesh Motor Vehicles Rules. The aforesaid Execution Petition No. 15 of 1973 had been filed by one Jagadeswara Rao, seeking execution of a compensation award decreed to him against the Insurance Company and the owner of a vehicle. But, the learned District Judge, holding that the aforesaid R. 530-A is inconsistent with Section 110-E of the Motor Vehicles Act of 1939, dismissed the Execution Petition.

(2.) The relevant facts are few and the questions of law are also simple, although they appear to be complicated enough for the Insurance Company to be able to successfully arrest the execution of the aforesaid award decree for well over five years.

(3.) Jagadeswara Rao, the execution petitioner, is the victim of an accident caused by a motor vehicle owned by one Ramarao and insured with the Premier Insurance Company Kakinada. In claim proceedings instituted by Jagadeswara Rao under Section 110-A of the aforesaid Motor Vehicles Act, the District Judge, Rajahmundry, acting as the Claims Tribunal, awarded the victim of the motor accident a sum of Rupees 12,600/- as compensation; armed with this order of the Claims Tribunal, in E. P. No. 25 of 1973 for the execution of the award decree, he made to that execution application, the Premier Insurance Company Kakinada, the insurer and Ramarao and owner as the respondents.