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SUBHENDU SAMANTA
In the Matter of Subhasini Samanta – Appellant
Versus
National Insurance Co. Ltd. – Respondent
JUDGMENT
The instant appeal has been preferred against the Judgment and Award dated 12th March 2013 passed by the Learned Judge, Motor Accident Claims Tribunal Tamluk, Purba Medinipur in MAC Case No. 23/244 of 2012/2008.
The brief fact of the case is that the present appellants being the claimants have preferred an application before the Learned Tribunal u/s 166 of Motor Vehicles Act for getting compensation on the ground that their predecessor was died in a road traffic accident due to rash and negligent driving of the driver of the offending vehicle duly insured under the policy of the Insurance Company.
The claim case was contested by the Insurance Company by filing written statement.
After hearing the parties and after receiving the evidence the Learned Tribunal has awarded a sum of Rs 3,88,5,00/-. The Learned Tribunal has directed the OP No. 1 i.e. the owner of the offending vehicle to pay the same award to the claimant along with 08% interest per annum.
Owner has not satisfied with the award hence the claimant has preferred the instant appeal. Learned Advocate for the appellant submits that the Learned Tribunal has committed an error by directing the owner of the offending vehicle
The main legal point established in the judgment is that the liability of the Insurance Company to indemnify third parties in case of accidents is determined by the validity of the insurance policy a....
Insurance companies must prove policy cancellation and notification to the insured before an accident to avoid liability for compensation.
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.
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.
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 liability ceases post-cancellation due to dishonoured premium cheque; only the vehicle owner is liable for compensation.
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