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2012 Supreme(J&K) 668

MANSOOR AHMAD MIR
Future Generali India Insurance Co. – Appellant
Versus
Ab. Aziz Wani & Ors. – Respondent


Advocates Appeared:
Mr. Baldev Singh, Advocate for the Appellant.
Mr. S.A. Hussain, Advocate for R-1 to 4, None for the R-5 , 6.

1. This appeal is directed against the interim order/award dated 29.10.2011 passed by the Motor Accidents Claims Tribunal, Reasi in a claim petition, titled as Abdul Aziz Wani & others v. Future General Insurance Co. Ltd., whereby applica#31;tion for grant of interim compensation in terms of Section 140 of the Motor Vehicles Act, 1988 (for short, Act) came to be allowed and interim award of Rs. 50,000/- along with 7.5% interest came to be passed in favour of claimants-respondents 1 to 4 on account of no fault liability (for short, impugned order).

2. The ground taken by the appellant-insurer in the memo of appeal, as argued by the learned, counsel for appellant is that the defence which was available to the insurer in terms of Section 149 of the Act was not considered. Further, it is contended that the cheque issued by the owner of the offending vehicle towards the payment of premium was bounced.

3. What would be its affect on account of bouncing of the cheque, can be gone through during trial. Denial of liability by insurer to indemnify the owner with respect to the claim of third party on the ground that cheque of the owner received by the insurer company was bounced and insurance





















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