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2023 Supreme(Del) 2887

REKHA PALLI
Iffco Tokio General Insurance Co. Ltd. – Appellant
Versus
Munna Kumar – Respondent


Advocates appeared:
Mr. A.K. Soni & Mr. Pavan Kumar, Advocates, for the Appellant.
Mr. Manish Maini, Ms. Yashika Miglani & Mr. Vibhor Jain, Advocates For R-1.

JUDGMENT

Rekha Palli, J. (Oral)

1. The present appeal under Section 173 of the Motor Vehicles Act,1988 preferred by the insurer seeks to assail the award dated 17.07.2018 passed by the learned Motor Accidents Claims Tribunal (South-West District), Dwarka Courts in MACP No. 1146/2017. Vide the impugned award, the learned Tribunal while awarding compensation of Rs. 2,04,000/- in favour of claimants has directed the appellant, who was the insurer of the offending vehicle to pay the said amount to the claimants and recover the same from the owner and driver of the vehicle.

2. Learned counsel for the appellant submits that even though a policy insuring the offending vehicle for the period between 26.04.2014 to 25.04.2015 had been issued on 25.04.2014, the said policy was cancelled on 07.05.2014 on account of the cheque towards the insurance premium having been dishonoured. Information in this regard was not only furnished to the insurer but also to Regional Transport Office (RTO) on 07.05.2014 itself. Consequently, on the date of the accident i.e. 01.07.2014, there was no valid insurance policy and therefore, the appellant could not be held liable to pay any compensation to the claiman

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