Teddu Jyothi and anr. Vs. Government of A.P. and anr. - Court Judgment

Excerpt:

.....therefore, the insured and the insurer have no escape but to discharge the said award as directed. undisputedly, in this case as deduced for proved facts, the vehicle in question was not properly maintained by the owner and despite faulty brake system, the claimant had undertaken the hazardous journey to his peril at the behest of and at the instruction of the owner. the owner is therefore, tortfeasor. section 168: [v. gopala gowda & jawad rahim, jj] insurers limit of liability - held, it is well settled that the liability of the insurance company for payment of compensation can be statutory or contractual. is for the insurance company to show that the insurance policy was a statutory policy and not a contractual policy to restrict its liability. that issue was neither raised before the tribunal nor is raised in this appeal requiring decision. thus, if at all the insurer has any valid ground to restrict its liability, it can proceed against the insured but firstly it has to discharge the award as required under section 149 (1) of the act. where the owner/insured has failed to maintain the vehicle as per prescribed safety standards and has caused the claimant to drive the..........not issuing the copies of master plan, draft master plans, proposals for extensive modifications and finalized modifications to the master plan and zonal development plans along with annexures and plans in telugu, as unconstitutional and violative of g.o. ms. no. 420, dated 13.9.2005; and consequently direct the respondents to furnish the information sought by the petitioners in simple telugu and pass such other suitable orders.6. the said g.o. ms. no. 420, dated 13.9.2005 reads as hereunder.government of andhra pradeshabstract1966 andhra pradesh official language act - all the rules, regulations issued by state government shall be in telugu language as per section 3(2) ii of the actissued.general administration (ab 1) department g.o. ms. no. 420 dated 13.9.2005

Judgment:

ORDER

P.S. Narayana, J.

1. The matter appeared in the list on 28.12.2006 and the same was adjourned to 29.12.2006. Learned Assistant Government Pleader for Municipal Administration had taken notice on behalf of R-1. Smt. Preethi Reddy, learned Standing Counsel had taken notice on behalf of R-2and the earned Counsel requested time to get instructions. This matter is coming up for admission today.

2. The learned Assistant Government Pleader for Municipal Administration would submit that it is true that G.O. Ms. No. 420, dated 13.9.2005 had been issued and the same is applicable. However, Smt. Preethi Reddy, learned Standing Counsel representing respondent No. 2 would submit that further instructions are required in the matter.

3. Sri K.S. Murthy, earned Counsel representing the writ petitioners would submit that the petitioners have no knowledge in English and unless the relevant orders and proceedings are furnished in Telugu, they may not have able to know or follow the contents thereof. In such a way their valuable rights would be affected and in view of the same reasonable time may be given to the respondents to furnish copies of documents and proceedings referred to in Telugu.

4. Heard the Counsel.

5. The writ petition is filed for a writ of mandamus declaring action of the respondents in not issuing the copies of master plan, draft master plans, proposals for extensive modifications and finalized modifications to the master plan and zonal development plans along with annexures and plans in Telugu, as unconstitutional and violative of G.O. Ms. No. 420, dated 13.9.2005; and consequently direct the respondents to furnish the information sought by the petitioners in simple Telugu and pass such other suitable orders.

6. The said G.O. Ms. No. 420, dated 13.9.2005 reads as hereunder.

Government of Andhra Pradesh

Abstract

1966 Andhra Pradesh Official Language Act - All the Rules, Regulations issued by State Government shall be in Telugu language as per Section 3(2) ii of the ActIssued.

General Administration (AB 1) Department

G.O. Ms. No. 420 Dated 13.9.2005