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J. J. MUNIR
New India Assurance Co. Alld. – Appellant
Versus
Murli Manohar Saxena – Respondent
JUDGMENT
J.J. Munir, J.
This is an appeal by the Insurance Company challenging an award of the Motor Accident Claims Tribunal/ XIth Additional District Judge, Agra dated 13.10.1992 passed in Motor Accident Claims Petition No.64 of 1992, allowing the claim.
2. According to the claimant-respondent No.1, Murli Manohar Saxena on the 4th of September, 1991 at half past ten in the morning hours, he was proceeding from Kamla Nagar to the Civil Court, Agra, riding pillion on Scooter, bearing registration No. UTM-8322, driven by his younger brother, Bhagwanji Saxena. The Scooter was moving on the left hand side of the road and had reached the Abbu Ullah Dargah Bypass Road when suddenly a Jeep, bearing registration No. UVJ-6096 appeared, driven negligently and at a high speed. The driver of the Jeep did not sound any horn and hit the Scooter, that the claimant-respondent No.1 (for short, 'the claimant') was riding. In consequence of the impact, the claimant and his brother fell down injured. They fainted. The Scooter was damaged. The claimant's right lower limb was fractured, and in addition, he sustained injuries to his brain and eyes, besides a number of other body parts. The claimant says t
Insurance policies become effective only from the time stated in the policy documentation; claims cannot be made against an insurer prior to the policy's commencement.
The main legal point established in the judgment is that the insurance policy coverage operates only from the date and time mentioned in the policy, and the insurance company is not liable to pay com....
Point of law: It must be remarked that the claimant has not raised any issue about the finding on the point of contributory negligence and apportionment of liability between the two vehicles, to wit,....
Insurers are liable to indemnify third parties unless the policy is canceled and the insured is notified before the accident occurs.
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.
Insurance companies are not liable for compensation if passengers are not covered by the policy terms, specifically under Act policy provisions.
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