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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RADHAKISHAN AGRAWAL
Ram General Insurance Company Ltd. – Appellant
Versus
Sukdi W/o Late Kohrami Jaggu – Respondent
| Table of Content |
|---|
| 1. compensation awarded in motor accident claims. (Para 1 , 2 , 3) |
| 2. insurance company's liability dispute. (Para 4 , 5) |
| 3. analysis of evidence regarding policy cancellation. (Para 6 , 7 , 9) |
| 4. established authority on policy cancellation and liability. (Para 8) |
| 5. insurance company must satisfy the award first. (Para 10) |
JUDGMENT :
RADHAKISHAN AGRAWAL, J.
1. These two appeals have been preferred by the appellant–Insurance Company under Section 173 of the Motor Vehicles Act, 1988, calling in question the common award dated 26.04.2016 passed by the First Additional Motor Accident Claims Tribunal, Bastar at Jagdalpur, Chhattisgarh, in Claim Case Nos. 62/2014 and 63/2014, whereby compensation of Rs. 3,59,000/- and Rs. 4,29,000/- respectively, along with interest @ 9% per annum from the date of application till realization, has been awarded in favour of the claimants and the liability has been fastened upon the present appellant/insurance company. Since both appeals arise out of the same accident, involve identical questions of law and fact, and challenge the award only on the point of liability of the insurer, they are being decided by this common judgment.
2. As per the av
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 insurance policy was deemed valid at the time of the accident, and the insurance company failed to prove its cancellation, thus liable for compensation.
Insurance companies must prove policy cancellation and notification to the insured before an accident to avoid liability for compensation.
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 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....
Insurance policies are void if cancelled and the insured was duly notified before an accident, absolving the insurer from liability for resulting claims.
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.
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