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K. VINOD CHANDRAN, N. V. ANJARIA
National Insurance Company Limited – Appellant
Versus
Sunita Devi – Respondent
| Table of Content |
|---|
| 1. judgment confirms earlier decisions. (Para 1) |
| 2. details of the accident and compensation awarded. (Para 2 , 3) |
| 3. discussions on liability based on policy payment. (Para 4) |
| 4. judicial interpretation on insurance policy cancellation. (Para 5) |
| 5. final disposition of the appeal and compensation payment. (Para 6 , 7) |
JUDGMENT :
N.V. ANJARIA, J.
1. The present is an appeal preferred by the Insurance Company, which is directed against judgment and order dated 02.05.2016 passed in Motor Accident Claims Appeal No. 451 of 2007, by the High Court of Delhi, dismissing the appeal of the appellant herein and confirming the judgment and award dated 20th April, 2007 passed by Motor Accident Claims Tribunal, Delhi in Suit No. 64 of 2006.
2. In an accident occurred on 22nd August 2005 at about 3.30 p.m. one Dheeraj Singh died. He was driving motorcycle bearing No. HR-60 4688 along with a pillion rider. The motorcycle was hit from behind by the speeding truck bearing registration No. HR 46 A 1020 - offending vehicle. The deceased fell down on the road and was ran over by the offending vehicle.
2.1 The Motor Accident Claims Tribunal taking into account the relevant aspects including that
An insurance company remains liable to compensate third parties unless it can prove that the policy was duly cancelled and that notice of cancellation was given before the accident.
Insurance policies are void if cancelled and the insured was duly notified before an accident, absolving the insurer from liability for resulting claims.
The main legal point established in the judgment is that the insurance company's liability to indemnify the third parties in respect of the liability which the policy covered subsists if the policy o....
The liability of the insurer under the insurance policy and the requirement to prove cancellation of the policy and intimation to the owner of the vehicle prior to the accident.
Insurance companies must prove policy cancellation and notification to the insured before an accident to avoid liability for compensation.
Insurance companies are not liable to pay compensation for accidents occurring after the cancellation of the vehicle's policy due to dishonoured payments.
The main legal point established in the judgment is the liability of the insurance company to indemnify the insured in cases of motor vehicle accidents, emphasizing the importance of timely intimatio....
An insurance company is not liable for compensation when the policy is canceled due to dishonor of the premium cheque, and the insured has been duly informed.
The main legal point established in the judgment is that the liability of the Insurance Company to indemnify the third parties and satisfy the award of compensation is determined by the timing of the....
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