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2017 Supreme(Ker) 1049

C.K.ABDUL REHIM, K.P.JYOTHINDRANATH
B. Prasanna – Appellant
Versus
P. K. Kabeer – Respondent


Advocates Appeared:
For the Petitioner: K. Janardhanan, K.J. Manu Raj
For the Respondents: R. Ajith Kumar Varma, K.B. Ramanand

JUDGMENT :

C.K. Abdul Rehim, J.

1. The petitioner (claimant) before the Tribunal is the appellant in the above appeal. The Tribunal had exonerated the insurer from the liability for payment of the compensation, based on the finding that the cheque issued for obtaining the policy was dishonoured subsequently. Exts.B3 and B4 documents were produced to prove that the dishonour of the cheque and cancellation of the policy was properly intimated to the owner of the vehicle and also to the Regional Transport Officer, Ernakulam, through 'certificate of posting', on 23.05.2008. Ext.B5 is the copy of the cancelled certificate of the policy. The accident in question occurred much after that, on 12.08.2008. The Tribunal found that the owner of the vehicle has taken another policy after 2-3 months from the date of dishonour of the cheque. Holding that the owner (insured) was well aware about cancellation of the policy, the Tribunal found that there was no valid policy issued by the 2nd respondent at the time of the accident and therefore the 2nd respondent insurance company had no liability to pay the compensation. The appellant/claimant is challenging the above said finding. Inter alia, she is












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