New India Assurance Co. Ltd. vs Kushwant Kaur & Ors.
2011 Latest Caselaw 4693 Del

                                     UNREPORTED
*    IN THE HIGH COURT OF DELHI AT NEW DELHI


+                 FAO 773/2003


NEW INDIA ASSURANCE CO. LTD.               ..... Appellant
                 Through: Mr. Pankaj Seth, Advocate.

                  versus


KUSHWANT KAUR & ORS.                                  ..... Respondents
                Through:              None.


%                          Date of Decision :   September 22, 2011

CORAM:
HON'BLE MS. JUSTICE REVA KHETRAPAL

1. Whether reporters of local papers may be allowed
   to see the judgment?
2. To be referred to the Reporter or not?
3. Whether judgment should be reported in Digest?

                           J U D G M E N T (ORAL)

: REVA KHETRAPAL, J.

1. This appeal is directed against the order dated 09.09.2003

passed by the learned Motor Accident Claims Tribunal awarding an

interim compensation of ` 50,000/- in favour of the petitioners under

Section 140 of the Motor Vehicles Act, 1988, with a direction to the

respondent No.1 to deposit the cheques in the sum of ` 50,000/- along

with interest thereon in the manner apportioned by the learned

Tribunal.

2. Although a number of grounds of appeal have been raised and

the prayer in the appeal is for setting aside of the impugned order, Mr.

Pankaj Seth, the learned counsel for the appellant at the time of

hearing has confined his submissions to the findings given by the

learned Tribunal in paragraph 7 of the impugned order. He contends

that in view of the fact that the Insurance Company has raised a

defence under Section 149(2) of the Act to the effect that the

insurance policy in question was cancelled on account of the

dishonour of the premium cheque on presentation, the learned

Tribunal has caused grave prejudice to the appellant - Insurance

Company by recording that: "Admittedly the offending truck was

insured for the period 19.04.2002 to 18.04.2003."

3. In view of the aforesaid submissions made by Mr. Seth, the

learned counsel for the appellant, it is clarified that the Insurance

Company shall be at liberty to defend the claim petition on the ground

of dishonour of the premium cheque by adducing evidence in this

regard at the time of trial and no observation made in the impugned

order shall prejudice the rights of the appellant - Insurance Company

in any manner.

4. The appeal stands disposed of with the aforesaid observations.

5. The record of the Claims Tribunal be sent back forthwith.

Parties are directed to appear before the learned Claims Tribunal on

17th October, 2011.

6. Court notice may be issued by the learned Claims Tribunal to

the concerned parties.

7. A copy of this order be given dasti to the counsel for the

appellant, as prayed.

REVA KHETRAPAL (JUDGE) September 22, 2011 ak