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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C. DOSHI
Oriental Insurance Company Limited – Appellant
Versus
Premvati Wd/o Puransinh Rambhai Yadav – Respondent
| Table of Content |
|---|
| 1. road accident details (Para 1 , 2) |
| 2. insurance company's defense (Para 3) |
| 3. claimants' counter-argument (Para 4) |
| 4. evidence of policy cancellation (Para 5) |
| 5. legal position on insurance (Para 6 , 7) |
ORDER :
2. Heard learned advocates for the respective parties.
3.1. Making above submission, it is submitted to allow the appeal.
5. What would be noticed that by impugned judgment and award, Rs. 5,35,000/- with interest at the rate of 9% p.a. from the date of petition till realization with cost to the claimant holding opponents jointly and severally to pay compensation for the accident which took place on 08.02.2007 in the outskirts of Bharuch City, whereby, deceased who was walking nearby road, was ramped by the Qualis Car plying at excessive speed. The deceased having received serious injuries died. Noticeably claimants who are legal heirs of deceased are third party. Insurance Company raised defence that cheque given by the owner of the car has been returned unpaid and said policy which is issued does not get effective on the date of accident and it could be inferred that owner is knowing this facts and as such he has purchased new policy on 28.02.2007 (Exh.43). Notic
Insurance companies must prove policy cancellation and notification to the insured before an accident to avoid liability for compensation.
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.
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.
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 ....
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.
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