Delhi High Court
Oriental Insurance Co Ltd vs Nirmala Devi & Ors on 17 May, 2016
$~R-96
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 17th May, 2016
+ MAC.APP. 650/2007
ORIENTAL INSURANCE CO LTD
..... Appellant
Through None
versus
NIRMALA DEVI & ORS
..... Respondent
Through None
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
JUDGMENT
R.K.GAUBA, J (ORAL):
1. While granting compensation in favour of first to seventh respondents
(claimants) on their claim petition (No.623/07) on account of death of Ram
Kumar in motor vehicular accident that took place on 06.12.1991 involving
truck bearing registration No.MP 06 3330 (offending vehicle), the insurance
company was directed to pay compensation on the basis of cover note
(Ex.R3W1/2) admittedly issued by it in respect of the said offending vehicle
for the period in question against third party risk, rejecting its plea for
exoneration on the ground that the cheque whereby the premium was
tendered had been returned dishonoured. The insurance company, by the
appeal at hand, questions the said result of the case.
2. The appeal was admitted by order dated 19.03.2009. When the appeal
is taken up for hearing, no one has appeared for the appellant to assist.
Record has been perused.
3. It is noted that the tribunal declined to exonerate the insurer of its
liability noting, inter alia, that its witness M S Rawat (R3W1) during his
testimony had pleaded ignorance on the issue as to whether any notice had
been sent to the insured prior to cancellation of the insurance policy, no
document had been filed on record to confirm that the premium had been
tendered by cheque, and the insured having taken the plea that the premium
was paid in cash.
4. When the appeal was entertained, the learned single judge, then in
seisin of the matter, recorded the following observations in the proceedings
of 02.11.2007 :
" Counsel for the appellant has drawn my attention to the
bank certificate dated 27.3.93 placed at page 47 of the paper
book. The contention of the counsel for the appellant is that
the cheque bearing no.533099 for a sum of Rs.7755/- drawn
on United Commercial Bank was a cheque as issued by the
insured towards the premium for insuring the offending vehicle.
Counsel further states that the said certificate was duly
exhibited by the appellant in evidence. On perusal of the said
certificate, I find that the details of cheque number given in the
said document does not show any sign of correlation with the
cover note issued by the appellant in favour of the insured.
Further more, perusal of the photocopy of the said cover note
placed on record at page 44 by the appellant clearly shows that
the payment was received by the appellant in cash and not by
cheque.
Counsel for the appellant seeks time to clarify this
position.
Renotify on 14.11.2007."
5. No clarification, as sought, appears to have been filed till date on
record.
6. In above facts and circumstances, the appeal is unmerited and
therefore, dismissed.
R.K. GAUBA
(JUDGE)
MAY 17, 2016
VLD
