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Ali Mohomed Vs. Mahomed Abdul Gani and ors. - Court Judgment

LegalCrystal Citation
CourtAndhra Pradesh High Court
Decided On
Reported in1952CriLJ1297
AppellantAli Mohomed
RespondentMahomed Abdul Gani and ors.
.....claimants right to recover the compensation determined by the tribunal which crystallizes into enforceable right against both. in the instant case, the claimant/driver has exercised right of election under section 167 of the act to seek compensation under section 166 of the act resulting in award passed by the tribunal. 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..........directions to hear the arguments of the parties and dispose of the same according to law. costs of this petition would abide the.....

1. This writ is directed against the order purporting to be made by the Collector, Hyderabad District. Among other grounds the learned Vakil contends before us that there is a flaw in this order because the arguments in the case were heard by the Additional Collector and the actual order was passed by the Collector. We are of opinion that this argument has force. It is an accepted principle of law that it is only that authority who can pass the final order who hears the argument. There is no procedure of one authority hearing the case and expressing his opinion and sending it for formal sanction by a higher authority. Such a procedure may probably be prevalent and in force on the executive or the administrative side but not at any rate on the judicial side. We, therefore quash the order dated the 23rd July 1951 under consideration and send the case back to the Collector with directions to hear the arguments of the parties and dispose of the same according to law. Costs of this petition would abide the result.

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