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2002 Supreme(AP) 485

B.S.A.SWAMY, D.S.R.VERMA
M. Nageswara Rao – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


B. S. A. SWAMY, J.

( 1 ) THE owner of the vehicle is the appellant before this court. He filed this L. P. A. assailing the order of the learned single Judge in A. A. O. No. 1904 of 1989 dated 13. 11. 1997 wherein the order of the Tribunal apportioning the compensation payable by the owner and the insurance company to the third parties was reversed and the entire liability to pay the compensation was fastened on the insured, i. e. , the owner of the vehicle.

( 2 ) THE facts are not in dispute. The truck that was involved in the accident was insured with respondent No. 1 under policy no. 4256106318 on 28. 12. 1985 and the same is in force up to 27. 12. 1986. Before expiry of the insurance policy the appellant herein issued a cheque on 28. 12. 1985 for a sum of Rs. 3,343 for renewal of insurance policy by one more year. But the cheque seemed to have been returned by the bank with an endorsement not arranged for by its note dated 2. 1. 1986, which was marked exh. B-2. It is the case of the respondent insurance company that by its letter dated 8. 1. 1986, the insured was informed that the cheque was dishonoured. It is interesting to note the last para of the note, which reads as follo




















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