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1998 Supreme(AP) 293

V.BHASKARA RAO
New India Assurance Co. , Ltd. – Appellant
Versus
Boda Hari Singh – Respondent


V. BHASKARA RAO, J.

( 1 ) THIS appeal is directed against the award and Judgment in MVOP. No. 450 of 1995 on the file of the Chairman, Motor Accidents Claims Tribunal (District Judge), Warangal dated 26-7-1996 awarding compensation of rs. 35,000/- to the petitioner towards full satisfaction of the claim against the 3rd respondent-insurer, who is the appellant herein.

( 2 ) THE said MVOP has been dismissed against R-l driver, and R-2 owner of the tractor bearing No. AR 36-T 4008 and trailer bearing No. AP-3t-4009, which was involved in the accident.

( 3 ) SRI K. Subba Rao, learned Counsel for the appellant-insurer contended that Rl and R2 remained ex par te and the claim against themhasbeen dismissed by the learned Tribunal and when once the claim has been dismissed against the insured, there can be no liability against the insurer. In support of his contention he relied on a decision of the Supreme Court in Oriental Insurance company Ltd. vs. Sunita Rathi. It is further contended that the driver-R1 did not have a valid driving licence at the time of accident and as such an objection was raised and that the appellant had not agreed to settlement of the case at the Lok Adalat and henc










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