Telangana High Court
The National Insurance Co Ltd vs Donpati Laxmi And 3 Ors on 28 March, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A. Nos.3282 AND 3306 OF 2012
COMMON JUDGMENT:
Both the appeals are preferred by the appellant-National Insurance Company Limited aggrieved by the judgment and decree dated 17.05.2007 passed in O.P.Nos.1704 and 1705 of 2001 respectively by the I Additional Motor Accidents Claims Tribunal, Nizamabad (for short 'the Tribunal').
2. In both the appeals, the ground raised by the learned counsel appearing for the Insurance Company is that the policy has lapsed as the cheque given for renewal of policy has bounced.
3. The Tribunal found that the bouncing of the cheque was not intimated to the owner of the vehicle and unless the said proof of intimation is provided, the insurer cannot disown its liability.
4. In view of the Division Bench judgment of the High Court of Andhra Pradesh in United India Insurance Company 2 Limited v. K. Anjaiah and others 1, I do not find any infirmity with the finding of the Tribunal on both the grounds regarding triple riding and also non-intimation of bouncing of cheque issued towards renewal of the policy. As seen from the impugned order, though there was a discussion regarding contributory negligence, however, the quantum granted by the Tribunal needs no interference and therefore, both the appeals are liable to be dismissed.
5. Accordingly, both the appeals are dismissed.
Miscellaneous petitions pending, if any, shall stand closed. No costs.
_______________________ JUSTICE K.SURENDER Date: 28.03.2024 NDS 1 2004 (1) L.S. 332 3 THE HON'BLE SRI JUSTICE K.SURENDER M.A.C.M.A. Nos.3282 AND 3306 OF 2012 Date: 28.03.2024 NDS