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2014 Supreme(P&H) 1634

K.KANNAN
ANARKALI – Appellant
Versus
NARESH KUMAR – Respondent


Advocates Appeared:
For the Appellant : Ashwani Arora.
For the Respondent: R.S. Bains.

JUDGMENT :

K. Kannan, J.

The appeal by the claimants is both as regards the quantum as well as liability. The claimants were the widow and 3 minor children besides the mother and sister of the deceased. The Tribunal assessed a compensation of Rs. 9,27,500 and directed the amount to be paid against respondent Nos. 1 and 2 being the driver and owner only. Insurance company was exonerated on the ground that on the date when the accident took place (6.1.2007), the insurance policy that had been already issued had been cancelled for non-payment of premium and the owner had also been informed about the same. The appeal challenges the exoneration of the insurance company as in contravention of section 149(1) and the appellants also want an assessment to quantum to be reappraised in the light of the judgment of the Supreme Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121 as reappraised in Reshma Kumari and Others Vs. Madan Mohan and Another, (2013) 9 SCC 65. The case which was brought by the insurance company at the time of trial was that the cheque issued in the name of the insurance company on 7.12.2006 towards premium for the policy had bo







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