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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL
Patango Bai W/o Suhawan Singh – Appellant
Versus
Intezar Khan S/o Bhukhu Khan – Respondent
| Table of Content |
|---|
| 1. appeal challenging insurance company's liability (Para 1) |
| 2. arguments on invoking pay and recover principle (Para 2 , 3) |
| 3. court's analysis of the facts and legal precedents (Para 4 , 6) |
| 4. details on dishonor of cheque and notification (Para 5) |
| 5. confirmation of insurance policy's cancellation before accident (Para 7) |
| 6. dismissal of the appeal with no costs (Para 8) |
JUDGMENT :
Sanjay K. Agrawal, J.
1.The claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) challenging the impugned award dated 27.06.2022 passed by the Motor Accident Claims Tribunal, Koriya, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 62/2019, by which the Insurance Company exonerated from its liability to pay the compensation amount to the claimants/appellants herein.
2.Mr. A.L. Singroul, learned counsel for the appellants, would submit that the Claims Tribunal ought to have invoked the principle of pay and recover by fastening the liability upon the Insurance Company/respondent No.2 herein and while granting compensation and, therefore, the appeal deserves to be allowed.
3.Mr. Pankaj Agrawal, learned counsel for the responden
Insurance policies are void if cancelled and the insured was duly notified before an accident, absolving the insurer from liability for resulting claims.
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 are not liable to pay compensation for accidents occurring after the cancellation of the vehicle's policy due to dishonoured payments.
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.
Failure to provide evidence of timely communication to the Regional Transport Office about the cancellation of an insurance policy can result in the insurer being held liable to pay compensation to t....
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 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.
The main legal point established in the judgment is that the insurance company's liability to indemnify the third parties in respect of the liability which the policy covered subsists if the policy o....
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