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2010 Supreme(Ker) 910

A.K.BASHEER, P.Q.BARKATH ALI
The Manager United India Insurance Company Limited – Appellant
Versus
Janalakshmi – Respondent


JUDGMENT

A.K. Basheer, J.

1. The short but interesting question that arises for consideration in this appeal is whether the appellant/insurance company is entitled to be exonerated from the liability to indemnify the insured/owner of the vehicle on the plea that as on the date of the accident the cover note issued in respect of the vehicle had been rendered ineffective and invalid since the cheque issued by the latter towards premium was dishonoured due to insufficiency of funds. The Tribunal, after considering the relevant materials available on record, negatived the above plea raised by the appellant and held that the appellant was liable to indemnify the insured. The said award passed by the Tribunal is under challenge in this appeal.

2. Shorn of unnecessary details, the facts which are necessary for disposal of this appeal may be briefly noticed.

3. A tourist bus owned by respondent No.5 herein knocked down a pedestrian causing fatal injuries to him at about 5 a.m. on October 20, 1992. The legal representatives of the deceased victim claimed compensation from the owner, driver and insurer of the bus. The Motor Accidents Claims Tribunal, after considering the claim and the rival con
















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