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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. Karthikeyan, K. Rajasekar, JJ
M/s.Iffco Tokio General Insurance Company Limited – Appellant
Versus
Gowri – Respondent
| Table of Content |
|---|
| 1. factual background of accident and insurance policy issuance (Para 1 , 2 , 30 , 31) |
| 2. insurer's argument: policy cancellation presumed by registered post (Para 3 , 4 , 5 , 6 , 9 , 10 , 11) |
| 3. quantum reduced with 40% future prospects (Para 7 , 37 , 38 , 39) |
| 4. precedents on insurer liability post-cheque dishonour (Para 12 , 16 , 17 , 18 , 22 , 24 , 25 , 26 , 27 , 28) |
| 5. regulations deem policy void ab initio if premium unrealized (Para 13 , 14 , 32 , 33 , 34 , 35) |
| 6. third-party rights prevail; insurer pays and recovers (Para 20 , 21 , 23 , 36) |
| 7. appeal partly allowed; deposit and recover compensation (Para 40) |
JUDGMENT
(Order of the Court was made by C.V.Karthikeyan,J.)
1.The 2nd respondent in MCOP No.2244 of 2014 aggrieved by the award, dated 12.02.2020 granted by the Motor Accident Claims Tribunal, II Court of Small Causes, Chennai, is the appellant herein.
2. MCOP No.2244 of 2014 had been filed by the first – fourth Respondents herein seeking compensation for the death of one Karthik, who was aged 24 years in a motor accident on 18.02.2014 at about 01.00 p.m., near Tada Satyavedu Main Road in front of Colgate Company, the husband of the first respondent / father of t
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