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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
National Insurance Company Limited – Appellant
Versus
Indrawati Jaiswal Wd/o Late Devchand Jaiswal – Respondent
| Table of Content |
|---|
| 1. details of the fatal accident and claims. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. appellant's arguments on insurance liability. (Para 8 , 9 , 11 , 12 , 14) |
| 3. court's analysis of insurance policy and liability. (Para 10 , 13 , 15 , 17 , 18) |
| 4. legal stipulations regarding insurance risk assumption. (Para 16) |
| 5. judgment dismissing the appeal. (Para 19) |
ORDER :
1. Appellant-Insurance Company has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) challenging the award dated 17.01.2020 passed by Learned Third Additional Motor Accident Claims Tribunal, Surajpur, District Surajpur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 15/2018, whereby learned Claims Tribunal allowed the application filed by applicants therein/ claimants under Section 163-A of the Act of 1988 in part and awarded total sum of Rs. 4,17,500/- as compensation in a fatal accident case and fastened liability upon non-applicant No.2/Insurance Company.
2. Facts of the case relevant for disposal of this appeal are that on 25.10.2017 at 10:00 am, Devchand Jaiswal was going from his native village Mahuli on a motorcycle Hero Honda Splendor (hereinafter refer
Insurance liability can arise if premium payment is accepted prior to an accident, even if the formal policy issuance occurs later, under Section 64 VB of the Insurance Act.
Insurers are only liable for claims if a valid insurance policy exists at the time of the accident; an unverified deposit agreement does not suffice.
The insurer is liable for compensation even if the insurance policy was issued post-accident, provided premium was paid prior.
The main legal point established is that the insurance company cannot avoid liability by postponing the commencement of a policy after receiving the premium, and the insurance agent cannot be held re....
Point of law: It appears that when a policy of insurance has been issued by authorised insurer, on receipt of a cheque towards the payment of a premium and such a cheque is returned dishonoured, the ....
The main legal point established in the judgment is that the risk of the pillion rider cannot be covered under the 'Act Only Policy' without any extra premium.
The main legal point established in the judgment is that the insurance policy coverage operates only from the date and time mentioned in the policy, and the insurance company is not liable to pay com....
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