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2023 Supreme(Del) 3453

NAVIN CHAWLA
HDFC Ergo General Insurace Co. Ltd. – Appellant
Versus
Chander Kala Devi – Respondent


Advocates appeared:
Mr.Sameer Nandwani & Ms.Nikita Sharma, Advocates, for the Appellant.
Ms.Deepali Gupta, Advocate for LR of R-7. CORAM: HON'BLE MR. JUSTICE @JUDGE=NAVIN CHAWLA

JUDGMENT

Navin Chawla, J. (Oral)

1. This appeal has been filed challenging the Award dated 11.07.2017 (hereinafter referred to as the `Impugned Award') passed by the learned Motor Accident Claims Tribunal, Shahdara, Karkardooma Courts, Delhi (hereinafter referred to as the `Tribunal') in MAC Petition No. 178/2014, whereby inter alia the learned Tribunal has rejected the submission of the appellant that it is not liable to pay compensation under the Impugned Award as the cheque issued by the respondent no.7 (since deceased) for obtaining the insurance policy for the Offending Vehicle had been returned unpaid by its banker with the remark of there being `insufficient funds' in his bank account, and prior to the date of the accident, the appellant had issued an intimation letter dated 04.04.2014, informing the respondent no.7 of the cancellation of the insurance policy.

2. The learned counsel for the appellant submits that in the present case, the cheque dated 25.03.2014 issued by the respondent no.7 towards the insurance premium had been returned back unpaid with the remark "funds insufficient" vide Memo dated 31.03.2014. The appellant, by a communication dated 04.04.2014, informed

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