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T. MALLIKARJUNA RAO
VALLAM SHOBHAVATHI – Appellant
Versus
B. S. HARISH – Respondent
| Table of Content |
|---|
| 1. insurance liability issues post-accident (Para 1 , 3 , 4 , 6 , 7) |
| 2. assessing liability and compensation claims (Para 9 , 14 , 21) |
| 3. requirement of notifying insured for policy cancellation (Para 15 , 20 , 28) |
| 4. third party rights against insurers without premium payment (Para 16 , 17 , 18) |
| 5. order for compensation and pay-recovery procedure (Para 29 , 30 , 31) |
JUDGMENT :
T. Mallikarjuna Rao, J.
1. Aggrieved by the Award and Decree dated 02.08.2012 in M.V.O.P. No.600 of 2009 passed by the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District Judge (F.T.C.), Anantapur (hereinafter will be referred to as ‘Tribunal’), the claimants filed this appeal questioning the correctness of the Tribunal’s Award in not fastening the liability on the 2nd respondent/Insurance company.
2. For convenience, the parties hereinafter will be referred to as per their rankings in the M.V.O.P.
3. The claimants/appellants filed a petition U/s.163-A of the MOTOR VEHICLES ACT , 1988 (hereinafter will be referred to as ‘Act’) for compensation of Rs.4,00,000/-on account of the death of Vallam Narasimhulu (hereinafter will be referred to as 'deceased') who died in a Motor vehicle
The insurance company is liable to indemnify the owner in respect of the statutory liability unless the policy is cancelled and intimated to the insured before the accident.
Insurance companies must prove policy cancellation and notification to the insured before an accident to avoid liability for compensation.
Insurance liability ceases post-cancellation due to dishonoured premium cheque; only the vehicle owner is liable for compensation.
Insurer liable to indemnify third-party claimants despite dishonoured premium cheque and registered post intimation of cancellation prior to accident, as public interest in third-party protection pre....
An insurance company is not liable to pay compensation under the Workmen's Compensation Act if the policy has been cancelled before the accident and the insured has been informed about the cancellati....
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