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HIGH COURT OF CHHATTISGARH
Naresh Kumar Chandravanshi
United India Insurance Company Limited – Appellant
Versus
Puran Lal S/o Jethuram Kannouje – Respondent
Order :
(Naresh Kumar Chandravanshi, J.)
1. Since both above mentioned appeals arise out of same accident and are directed against same award, they are heard analogously and are being disposed of by this common order.
2. The appellant/Insurance Company has filed MAC No.1746/2018 for setting aside the award dated 09.7.2018 passed in Motor Accident Claim Case No. 70/2017 by Motor Accident Claims Tribunal, Distt. Baloda Bazar, (CG) and also for exonerating it from the liability.
3. By filing MAC No.1380/2018, the appellants/claimants have prayed for enhancement of amount of impugned award dated 09.7.2018 passed in Motor Accident Claim Case No.70/2017 by Motor Accident Claims Tribunal, Distt. Baloda Bazar (CG), whereby, the learned Tribunal has awarded compensation to the tune of Rs.2,75,000/- to the claimants on account of death of Deepak Kannouje, in an accident that occurred on 21.4.2017, by rash and negligent driving of the offending vehicle Tipper Hyva Truck bearing registration No. CG 04 JC 2459 by respondent No.1 and owned by respondent No.2 and insured by respondent No.3/Insurance company.
4. Facts of the case, in brief are that, the claimants filed application under Section 166 of
The court held that minor cheque dishonour does not absolve the Insurance Company of liability, and compensation must be adjusted for inflation and economic conditions.
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.
Insurer remains liable for compensation unless the policy is cancelled and the insured is notified prior to the accident, despite a dishonoured cheque for premium.
Insurers remain liable for claims despite dishonored premiums unless cancellation notices were properly communicated prior to the accident, reinforcing the obligations established under the Motor Veh....
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