CMA/3182/2004 of THE ORIENTAL INSURANCE CO, LTD Vs BABA FAKRUDDIN @ HANEEF SAB & 6 OTHERS

APHC010059202004 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311] (Special Original Jurisdiction) Thursday, the Sixth day of March 2025 Present The Honourable Ms Justice B.S.Bhanumathi Civil Miscellaneous Appeal No. 3182/2004 Between: The Oriental Insurance Co., Ltd., Ananthapur ...Appellant. AND Baba Fakruddin @ Haneef sab and Others .... Respondents Counsel for the Appellant: 1. P.Ramanjaneyulu Counsel for the Respondent(S): 1. The Court made the following judgment : This appeal is filed against the order dated 27.11.2003 dismissing the petition in I.A.No.277 of 2003 in M.V.O.P.No.48 of 1994 filed under section 151 CPC to recall exparte decree passed against the petitioner (2nd respondent in the claim petition) to recall exparte decree dated 13.10.1998. 2 BSB,J CMA. No.3182 of 2004 02. The appellant/petitioner contended that the claim petition was filed misrepresenting the facts though the deceased was the owner of the vehicle involved in the accident, by showing his brother as the owner, as is evident from the policy of insurance issued in the name of the deceased, but the vehicle was transferred in the name of the 1st respondent after the death of the deceased and that t