Appeal by insurance company challenging an award on the ground that premium cheque was dishonoured. Court held insurer failed to produce documentary evidence of dishonour and intimation; appeal dismissed.
Appeal dismissed; Amount in deposit to be transmitted to the Tribunal along with records.
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NC: 2023:KHC-D:8615 MFA No. 21435 of 2011
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.21435/2011(MV-I)
BETWEEN:
THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE COMPANY LIMITED, OPP:KITTLE COLLEGE, DHARWAD, REPRESENTED BY ASST. MANAGER, REGIONAL OFFICET, TP-HUB, II FLOOR, SRINATH COMPLEX, NEW COTTON MARKET, HUBLI-580029.
…APPELLANT
(BY SRI G. N. RAICHUR, ADVOCATE)
AND:
Digitally signed by SUJATA SUBHASH PAMMAR
…RESPONDENTS (BY SRI T. M. NADAF, ADVOCATE FOR R1; R2 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988, PRAYING TO CALL FOR THE RECORDS HEAR THE PARTIES AND SET ASIDE THE JUDGMENT AND AWARD DATED 18.08.2009, IN M.V.C.NO.43/2008 PASSED BY THE COURT OF THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, HONNAVAR, BY ALLOWING THIS APPELA WITH COST IN THE ENDS OF JUSTICE AND EQUITY.
- 2 - NC: 2023:KHC-D:8615 MFA No. 21435 of 2011
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the Insurance Company challenging the judgment and award dated 18.08.2009 passed in MVC No.43/2008 passed by the Addl. MACT, Honnavar on the ground that the cheque paid towards payment of premium was dis-honoured. Therefore, there was no contract of insurance existence as on the date of accident.
towards payment of premium was dishonored. Therefore, there was no contract of insurance existed as on the date of accident. Hence, prays to exonerate the insurance company from payment of the compensation.
regarding dishonour of cheque and cancellation of insurance policy. But, all these documentary evidences are not produced by the insurance company. Therefore, the contention of the insurance company remains as contention as without subsistence by any documentary evidence. Therefore, that the cheque was dis-honoured, insurance policy was cancelled and intimation was forwarded to the owner, absolutely, there is no evidence. Therefore, the appeal filed by the insurance company is
liable to be dismissed. Hence, I pass the following:
ORDER
Appeal is dismissed.
Amount in deposit may be transmitted to
the Tribunal along with records.
SD/JUDGE
HMB List No.: 2 Sl No.: 23 CT-ASC
2 issues framed by the court
Whether the insurance company is exonerated from payment of compensation on the ground that the cheque for premium payment was dishonoured without producing documentary evidence.
Whether the absence of documentary evidence regarding dishonour of cheque and cancellation of insurance policy sustains the insurer's contention of non-existence of contract.
2 provisions across 1 enactments
The Divisional Manager, The New India Assurance Company Limited
Sri. G.G. Shankar
Sri. D. Madhu
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
