The National Insurance Co Ltd vs Donpati Laxmi And 3 Ors
2024 Latest Caselaw 1354 Tel

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

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

2004 (1) L.S. 332

THE HON'BLE SRI JUSTICE K.SURENDER

M.A.C.M.A. Nos.3282 AND 3306 OF 2012

Date: 28.03.2024 NDS