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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. DHANDAPANI, J
A.Ranganathan – Appellant
Versus
R.Zeenath – Respondent
JUDGMENT :
M. Dhandapani, J.
The above appeal is filed by the appellant / claimant seeking to set aside the Judgment and Decree dated 20.11.2019 passed in MCOP.No.7337 of 2014 by the Motor Accident Claims Tribunal, In the V Court of Small Causes, Chennai.
2. It is the case of the appellant / claimant that, on 06.11.2014 at about 8:30 hours, when the appellant was riding his two wheeler bearing Regn.No.TN 22 CT 6471, at that time a Car bearing Regn.No.TN 20 CZ 3517 driven by its driver belonging to the first respondent insured with the second respondent insurance company came in a rash and negligent manner and dashed the vehicle in which the appellant was riding, due to which, the appellant sustained grievous injuries all over his body. Therefore, the appellant / claimant has filed a claim petition claiming a sum of Rs.6,00,000/-.
3. Before the Tribunal, the appellant / claimant has examined P.W.1 and marked Exhibits P.1 to Ex.P.5. On the side of the respondents, they examined R.W.1 and marked Exhibits R1 and R2 and Court document was marked as Ex.C1. After adjudication, the Tribunal awarded a sum of Rs.2,22,000/- as compensation to the appellant to be payable by the first respondent /
Insurers remain liable for third-party claims unless proper notice of policy cancellation is provided, following statutory obligations.
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.
The burden of proof lies on the insurance company to establish the cancellation of the policy and the proper intimation to the insured before the accident, as per the Motor Vehicles Act.
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