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HIGH COURT OF UTTARAKHAND
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
SMT. YASHWANTI DEVI – Respondent
| Table of Content |
|---|
| 1. claim petition details established. (Para 1 , 2) |
| 2. defendant's denial of negligence recorded. (Para 3 , 4) |
| 3. tribunal's findings on negligence upheld. (Para 5 , 6) |
| 4. insurance company disputes liability. (Para 7 , 10) |
| 5. tribunal's reliance on evidence questioned. (Para 8 , 12 , 15) |
| 6. legal precedents cited for compensation entitlement. (Para 9 , 11) |
| 7. documentary evidence of premium receipt analyzed. (Para 13 , 14) |
| 8. ratio decidendi on insurance policy effectiveness articulated. (Para 16 , 18) |
| 9. final ruling issued on compensation liability. (Para 19) |
JUDGMENT :
SUBHASH UPADHYAY, J.
1. The present appeal from order filed by the Appellant-Insurance Company is directed against the judgment and award dated 12.07.2019 passed by Motor Accident Claim Tribunal/3rd Additional District Judge, Udham Singh Nagar in Claim Petition No. 131 of 2018, Smt. Yashwanti Devi & Others Vs. Varun Dixit & Others. By the said order, the Claim Petition filed by the claimants/ respondent nos.1 to 4 was allowed and a sum of Rs.3,94,000/- along with simple interest @ 6% per annum from the date of filing claim petition till the date of actual payment is awarded in favour of the claimants.
2. Brie
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....
The main legal point established in the judgment is the interpretation of the effective date and time of the insurance policy and the existence of a binding contract of insurance at the time of the a....
The insurance company is liable to indemnify the owner in respect of the statutory liability unless the policy is cancelled and intimated to the insured before the accident.
A policy of insurance becomes operative from the previous midnight when bought during the day following, in the absence of a contract to the contrary. If there is a mention of a specific time of its ....
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