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SANJAY DHAR
United India Insurance Co. Ltd. – Appellant
Versus
Sajjad Hussain – Respondent
JUDGMENT :
1. Through the medium of this common judgment, the afore-titled two appeals are proposed to be decided.
2. Vide MA No. 235/2012, the appellant/insurance company has challenged interim award dated 02.04.2012 passed by the Motor Accident Claims Tribunal, Kishtwar (hereinafter to be referred as the Tribunal), whereby the learned Tribunal has passed the interim award on the basis of "No Fault Liability" under section 140 of the MOTOR VEHICLES ACT , awarded interim compensation of Rs. 25,000/- in favour of the claimant/Respondent No. Vide MA No. 158/2017, the appellant/insurance company has challenged final award dated 28.02.2017 passed by Tribunal whereby Respondent No. 1/claimant has been awarded a sum of Rs. 2,87,500/- as compensation along with interest at the rate of 7.5% per annum in the same case.
3. It appears that on 14.06.2010 while Respondent No. 1/claimant was walking on the road side, on reaching Guriyan Kishtwar, he was hit by a Tipper bearing Registration No. JK13-3949, as a result of which, he suffered grievous injuries. The accident is alleged to have been caused due to rash and negligent driving of the offending vehicle by its driver, Respondent No. 3 herein.
Insurers remain liable for claims despite dishonored premiums unless cancellation notices were properly communicated prior to the accident, reinforcing the obligations established under the Motor Veh....
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.
An insurance company is not liable to pay compensation under the Workmen's Compensation Act if the policy has been cancelled before the accident and the insured has been informed about the cancellati....
Insurance companies must prove policy cancellation and notification to the insured before an accident to avoid liability for compensation.
Insurers are liable to indemnify third parties unless the policy is canceled and the insured is notified before the accident occurs.
Validity of Insurance Policy and compliance with policy conditions under the Motor Vehicles Act.
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