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HIGH COURT OF UTTARAKHAND
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
SMT. YASHWANTI DEVI – Respondent
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. Brief facts of the case as stated by the claimants are that, on 07.02.2018, husband of respondent no.1/claimant, Late Shri Gainda Singh, who was a labour, was going for work along with Rinku and Udayvir Singh. A tourist bus bearing no.UP-22 AT-0403, which was being driven in a rash and negligent manner hit cycle of husband of respondent no.1/ claimant. Husband of respondent no.1/claimant was taken to hospital but he died on his way to hospital. The post mortem was conducted at Government Hospital, Bijnaur on 08.02.2018 and FIR was registered against driver of the offending
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 ....
Validity of Insurance Policy and compliance with policy conditions under the Motor Vehicles Act.
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