The United Insurance Co. Ltd. v. D. Khasim, Kasimpeera,

THE HON'BLE SRI JUSTI CE D.V.S.S.SOMAYAJULU M.A.C.M.A.NOs.1 3 8 OF 2 0 1 3 , 1 4 7 7 of 2 0 1 2 an d 2 5 3 of 2 0 1 3 . COMMON JUDGMENT:- As all these appeals arose from out of the same accident and the respondents in these three appeals are also one and the same, they are being disposed of by this common judgment. 2.

Both the learned counsel for the appellants and respondents are present. They point out that the only issue on which the Insurance Company was directed to pay and recover was that the driver of the offending vehicle did not have a proper and valid licence. Both the learned counsel submit that in view of the judgment of the Supreme Court in Mu k u n d Dew an gan vs. Or ien t al I n su r an ce Com pan y Lim it ed( 1) this issue is no longer open and, therefore, there are no merits in these appeals. In view of the concession by the learned counsel and in view of the fact that the essential ground that is urged in the appeals is squarely covered by the judgment of the Hon'ble Supreme Court, this court finds no reason to keep the appeals pending as there are no merits.

Accordingly, the Appeals are dismissed.

No costs.

Miscellaneous Petitions pending, if any, shall stand closed in consequence.

______________________ D.V.S.S.SOMAYAJULU,J 30-10-2018 TSNR 1 (2017) 14 SCC 663