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2008 Supreme(All) 2911

SHISHIR KUMAR, AMITAVA LALA
NATIONAL INSURANCE COMPANY LTD – Appellant
Versus
JITENDRA KUMAR – Respondent


Advocates:
Counsel :
K.S. Amist and V.K. Birla for the Appellants; Satya Deo Ojha for the Respondents.

JUDGMENT

Honble Amitava Lala, J.—All the aforesaid appeals are analogously heard at the stage of admission on the informal papers as agreed upon by the contesting parties. The sole issue is whether the insurance company/companies is/are liable to pay compensation to the third party claimant/s when respective cheque/s on account of premium to be paid by the owner/s to them is/are dishonoured.

2. In FAFO No. 646 of 2008 it has been contended by the Insurance Company that the cheque of the premium was issued by the owner on 2nd September, 2003 covering the period between 4th September, 2003 to 3rd September, 2004. The cheque was returned by the Bank to the Insurance Company on account of insufficient fund in the Account of the owner. Accident took place on 4th March, 2004.

3. In FAFO No. 924 of 2008 it has been contended by the Insurance Company that the cheque of the premium was issued by the owner on 29th April, 2005 covering the period between 1st May, 2005 to 30th April, 2006. The cheque was returned by the Bank on 11th May, 2005 to the Insurance Company on account of insufficient fund in the Account of the owner. The owner was informed by letter dated 24th May, 2005. The accident



































































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