THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No. 1041 of 2000 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the order and decree, dated 20.10.1999, passed by the III Additional Chief Judge, City Civil Court, Hyderabad (for brevity “the Tribunal”), in O.P.No.1482 of 1995, awarding a sum of Rs.1,40,440/- towards compensation for the death of one V.Shantha, wife of the petitioner No.1, mother of petitioners 2 to 5 and daughter-in-law of petitioners 6 and 7, in a road accident that occurred on 16.10.1995, involving the tractor bearing No.APQ-6582, the appellant-National Insurance Company Limited has filed the present Civil Miscellaneous Appeal. 3. The only ground urged by the learned Standing Counsel appearing for the appellant is that the driver of the offending vehicle did not possess valid driving licence and therefore, the insurance company is not liable to pay the compensation. 4. This question had already fallen for consideration before the Apex Court on different occasions. 5. Following the judgments of the Apex Court in NATIONAL INSURANCE CO. LTD. Vs. SWARAN SINGH[1], NATIONAL INSURANCE CO. LTD. Vs. BOMMITHI SUBBAYAMMA[2], NEW INDIA ASSURANCE CO. LTD. vs. KAMALA[3], NEW INDIA ASSURANCE CO. LTD. vs. ASHA RANI[4], a Division Bench of this Court, to which DSRV, J is a party, in UNITED INDIA INSURANCE CO. LTD. vs. D.PRAMEELA DEVI (2007 (4) ALD 495 (DB) held that the insurance company is liable to be pay the compensation to the claimants and then recover the same from the owner of the vehicle. 6. Accordingly, the Civil Miscellaneous Appeal is disposed of and the appellant is directed to pay the amount to the claimants, as directed by the Tribunal and then recover the same from the insured i.e., the owner of the vehicle or the driver, as the case may be. However, there shall be no order as to costs. _____________________ JUSTICE D.S.R.VARMA 15th July 2010 dr [1] 2004 ACJ 1 (SC) [2] 2005 ACJ 721 (SC) [3] 2001 ACJ 843 (SC) [4] 2003 ACJ 1 (SC)