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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
P.SREE SUDHA
Manager, M/S Reliance General Insurance Company Ltd. – Appellant
Versus
Srinivas @ Srinivas D., S/o Doddabyrappa – Respondent
| Table of Content |
|---|
| 1. accident details and initial compensation awards. (Para 2 , 3 , 4) |
| 2. arguments regarding the insurance policy’s validity. (Para 6 , 7 , 8) |
| 3. clarification on policy existence at accident time. (Para 9) |
| 4. judicial decisions on insurance liability and policy cancellation. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. court's decision to set aside liability finding. (Para 16) |
| 6. conclusion and orders issued by the court. (Para 17) |
JUDGMENT :
P. SREE SUDHA, J.
Though the above matters have come up for admission, with consent of learned counsel for the parties, they are taken up for hearing and disposed of by this judgment.
2. M.F.A. No.8867/2018 is filed by the appellant-
insurance company against the judgment and award dated 22.06.2018 passed by the Senior Civil Judge and MACT, Kanakapura in M.V.C. No.81/2014 (Old M.V.C.No.271/2013).
3. M.F.A. No.9194/2018 is filed by the appellant-
insurance company against the judgment and award dated 22.06.2018 passed by the Senior Civil Judge and MACT, Kanakapura in M.V.C. No.79/2014 (Old M.V.C.No.269/2013).
4. Both the appeals arose out of the same accident that occurred on 20.01.2013 near Mother Theresa School, Bangalore Road, Kanakapura Town,
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 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.
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 policy remains in effect unless properly cancelled before an accident; insurers are liable to indemnify third-party claims unless valid evidence shows policy cancellation.
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.
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