THE HONOURABLE SRI JUSTICE K.SURENDER

JUDGMENT:

This appeal is filed by the Insurance Company, aggrieved by the Award, dated 01.08.2011, in M.V.O.P.No.607 of 2008, passed by the Motor Accident Claims Tribunal - cum - III Additional District Judge, Warangal.

2. The appellant-Insurance Company is aggrieved by the finding of the Tribunal and directing the Insurance Company to initially pay the compensation amount of Rs.4,75,000/- to the claimants and later recover the same from the owner of the vehicle involved in the accident, though the driver of the vehicle did not hold a valid driving license.

3. In view of the judgment of the Hon’ble Supreme Court in the case of Shamanna Vs. the Divisional Manager, Oriental Insurance Company Limited & Others1

1 (2018) 9 SCC 650

wherein it was held that it is for the insurance company to prove that the driver had no valid driving license, the ground raised by the Insurance Company is unsustainable,

hence, the appeal is liable to be dismissed.

4. However, learned counsel for the claimants relied on the judgment of the Hon’ble Supreme Court in Surekha and others Vs. Santosh and others², wherein it was held that the Courts should not take hyper technical app