An insurance policy under the Motor Vehicles Act provided coverage to the driver, conductor and two workmen of a vehicle. The cleaner of the vehicle died in an accident. The insurance company alleged that as the word ?cleaner? is not specifically mentioned in the policy, such claim cannot be made. Rejecting the contention, the Andhra Pradesh High Court held that as the cleaner worked under the driver?s supervision, he would fall within the category of workmen. As the policy provided coverage to two workmen the cleaner was entitled to coverage as a workman (Oriental Insurance Company, Bangalore vs . Ramanna & Ors).

A lady claimed maintenance under the Hindu Marriage Act and Hindu Adoption and Maintenance Act stating that she had married the respondent by exchanging garlands in a temple. Thereafter they cohabited and she also lent Rs 35,000 to the respondent for purchasing a truck. The respondent later deserted her. The family court held that she failed to prove marriage. The Orissa High Court held that she had not indicated anywhere that exchanging garlands was a prevalent practice under the law and custom and that cohabitation amounts to conferring legal status of marriage. The appellant failed to prove marriage (Parvati Giri vs Harihar Giri).

A landlord filed a petition for eviction of tenants on the ground that the tenant had sublet the premises. The tenants? cousin was residing with them. Relying on an earlier apex court decision, the Andhra Pradesh High Court held that the essential elements of subletting are that the tenants must wholly or partly give up possession of the accommodation and put another person in exclusive possession thereof and must accept rent from that person. In the instant case, the tenants? cousins had been staying with the tenants over a long period of time and payment of rent had not been proved. The landlord?s plea of subletting was rejected (P. Murali Rao vs Raghunatha Rao Ghatge).

SOLON