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2018 Supreme(P&H) 68

RAJESH BINDAL, B.S.WALIA
National Insurance Company Limited – Appellant
Versus
Ashok Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Nitin Gupta

JUDGMENT :

Rajesh Bindal, J.

The order passed by the learned Single Judge accepting the writ petition filed by the owner of the vehicle, whose claim for insurance was declined for the reason that the policy had been got cancelled by the financier, has been impugned in the present intra-court appeal.

2. Briefly, the facts are that respondent No. 1 purchased a vehicle bearing registration No. HR-39D-5141, which was got financed from Magma Finance Company (respondent No. 2). The vehicle was insured by the appellant from 17.11.2005 to 16.11.2006. Premium of Rs. 18,599/- was paid by the financier to the appellant-Insurance Company. Amount was debited in the account of the insured. The vehicle met with an accident on 11.9.2006. The surveyor assessed the loss at Rs. 8,50,000/-. The damaged vehicle was sold as scrap for Rs. 1,90,000/-. As the insurance claim was not settled, respondent No. 1 filed application before Permanent Lok Adalat (Public Utility Service), Hisar, which was dismissed. The order was challenged by filing the writ petition, which was allowed.

3. Learned counsel for the appellant submitted that the financier, who had paid the premium on behalf of the insured, having got the i












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