The New India Assurance Company ... vs Kumari Vaishnav
2021 Latest Caselaw 3142 Chatt

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        HIGH COURT OF CHHATTISGARH, BILASPUR

                               Order Sheet

                          MAC No. 1801 of 2019

The New India Assurance Company Limited Versus Kumari Vaishnav

                            MAC/1498/2019,




 15/11/2021         Shri     Dashrath   Gupta     and   Shri   Praveen
              Dhurandhar, counsel for the respective appellants.
                    Shri Basant Dewangan appears on behalf of Shri
              Amiyakant Tiwari, counsel for respondent No.2 in

MAC No.1498/2019.

None for respondents No.4 & 5 though served in MAC No.1498/2019.

Shri Basant Dewangan, Advocate appears for respondent No.2 in MAC No.1498/2019. The said respondent is the owner of the truck involved in the accident. In this case, instruction has been given on 22nd October, 2021 to the counsel who normally appears for respondent No.2 to seek instructions from the concerned and file Vakalatnama, however, despite such instruction, learned counsel has not made any effort to do the same. Therefore, the concerned counsel is again requested to do the needful in the case.

are the claimants whose service has been returned unserved mentioning 'not known' in their address.

However, in the connected case i.e. MAC No.1498/2019, Shri Pravin Dhurandhar, Advocate, has filed an appeal for enhancement and the same is pending consideration, therefore, Shri Dhurandhar is also expected to obtain necessary instructions from his clients.

Heard on IA No.3/2019 for staying the execution proceedings filed in MAC No.1801/2019.

Learned counsel for the Appellant submitted that before the date of accident the policy has already been cancelled and duly communicated to the parties concerned, for which an application under Order 41 Rule 27 of the CPC for taking additional documents/evidence on record (IA No.2/2019) is pending. However, the same will be considered at the time of final hearing.

Learned counsel for the appellant would place reliance on a judgment of the Hon'ble Supreme Court in the matter of Deddappa and Others Vs. Branch Manager, National Insurance Co. Ltd {2008 (1) TAC 417 (SC)}, in which it has been laid down that if the accident takes place much after the communication of cancellation of the policy and all concerned have been intimated, the Insurance Company would not be liable to satisfy the claim.

Though the other side have strong objection for staying the proceedings, but considering the legal aspects and the fact that the Insurance Company has good case, the application (IA No.3/2019) for staying

the execution proceedings is allowed and it is directed that the effect and operation of the impugned award shall remain stayed until further orders.

IA No.3/2019 is disposed of accordingly.

Sd/-

(Deepak Kumar Tiwari) Judge

Barve