Bharti Axa General Injsurance ... vs Monu Alias Ramnarayan Patel
2021 Latest Caselaw 3104 MP

                                                         1                                  MA-28-2017
                              The High Court Of Madhya Pradesh
                                          MA-28-2017
                          (BHARTI AXA GENERAL INJSURANCE COM.LTD. Vs MONU ALIAS RAMNARAYAN PATEL AND
                                                           OTHERS)

                      5
                      Jabalpur, Dated : 08-07-2021
                             Heard through Video Conferencing.
                             Shri Rakesh Jain, counsel for the appellant.
                             None for the respondents.

Record of the Tribunal is received.

This appeal has been filed under Section 173 (1) of the Motor Vehicles Acxt 1988, being aggrieved by the award dated 07.10.2016 passed in Claim Case No.539/2015 whereby the appellant/insurance Company has been made liable to pay the compensation to the respondents/claimants.

Brief facts of the case are that the injured Monu was driving the vehicle Mahindra Pickup. On 14.10.2012, the offending vehicle truck bearing registration No.MH-04-CP-7274 dashed the Mahindra pickup, as a result of which, Monu sustained severe injuries. The injured filed claim petition claiming compensation. The owner and driver remain ex-parte. The appellant

insurance Company denied the allegations and submitted that accident occurred on 14.10.20212 whereas, the policy was cancelled as void ab-initio due to bounce of cheque. The insurance policy is a contract between the insurance Company and the owner and when the premium consideration did not receive, the contract got breached by the owner and, therefore, policy is cancelled.

The learned Claims Tribunal held that vehicle number is mentioned in the cheque which got bounced, however, policy was issued for Vehicle No.MH-04-CP-7274 (Ex-D-1) by the presentation of the same cheque which got bounced. The Tribunal after recording the evidence has awarded compensation to the tune of Rs.75,290/- because information regarding cancellation of policy was not given to the owner of the vehicle and RTO. Signature Not SAN Verified Having heard the counsel for the appellant and perused the record of Digitally signed by PRASHANT BAGJILEWALE Date: 2021.07.09 10:38:26 IST 2 MA-28-2017 the claims Tribunal. The claims Tribunal has appreciated the evidence and proper perspective. It is fact that cheque given by insured towards premium was dishonoured on 25.03.2012 by Bank. The Insurance Company has not informed in regard to dishonour of cheque to the owner of the vehicle as well as RTO. It must be noted that the appellant itself who was responsible for its

predicament.The appellant/insurance Company became liable to indemnify third parties in respect of the liability which that policy covered.

The controversy involved in this case is squarely covered by the judgment of the apex Court in the case of Oriental Insurance Co. Ltd., vs. Inderjit Kaur and others, reported in AIR 1998 SC 588.

In view of the aforesaid and taking into consideration the principle of law laid down in the case of Oriental Insurance Co. Ltd., (supra) is hereby dismissed and the award passed by the Claims Tribunal, Jabalpur is hereby affirmed.

(AKHIL KUMAR SRIVASTAVA) JUDGE

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