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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Rajni – Appellant
Versus
Jamuna Rani – Respondent
JUDGMENT :
VIKAS BAHL, J. (ORAL)
1. Present order would dispose of two appeals. The first appeal bearing No.FAO-5848-2016 has been filed by Rajni (owner of Maruti Esteem car No.CH-01Z-6393) and Avdesh Bali (driver of the said Esteem car). Challenge in the said appeal is to the award dated 03.12.2015 vide which liability had been fastened upon the present appellants and the insurance company i.e. Future Generali India Insurance Company Limited had been exonerated. Second appeal bearing No.FAO- 2195-2016 has been filed by the claimants-Jamuna Rani and Raj Kapoor with respect to the death of their son Gurpreet Arora. In the said case, the prayer is made for modification of the award dated 03.12.2015 and for enhancement of the compensation.
FAO-2195-2016
2. Learned counsel for the appellants/claimants has submitted that the amount of compensation awarded i.e. Rs.34,38,000/- along with interest in favour of the claimants is inadequate and further an amount of Rs.3,30,600/- should be awarded to the claimants.
3. Learned counsel appearing for respondent No.3-Insurance Company has vehemently opposed the said appeal and has submitted that the appeal is meritless and the claimants are not entitle
The insurance company must prove allegations of fraud regarding a cover note to evade liability, which it failed to do.
The burden of proof lies with the insurance company to establish the authenticity of the cover note and the insurance coverage at the time of the accident.
The court affirmed the Tribunal's decision that the Insurance Company was liable for compensation as it failed to prove the vehicle was uninsured at the time of the accident.
The main legal point established in the judgment is that the validity of the insurance cover on the offending vehicle at the time of the accident is crucial in determining the liability of the insure....
Insurance liability persists if a cover note is issued despite premium disputes, provided no valid cancellation occurs.
A valid insurance policy exists even if subsequent payments are dishonored, and the insurance company remains liable for compensation in motor accident claims.
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