Judgment related to Dishonour of Cheque & post mortem report under MV Act

Judgment related to Dishonour of Cheque & post mortem report under MV Act

 

1.Dishonour of cheque issued towards premium policy cancellation of. Liability of IC. IC cancelled the policy and intimated about it to the owner whether IC is liable. Held ; no

2001 ACJ 638 (SC), 2011 ACJ 2230 (BOM)

2. Insured tendered cheque to Insurer on 23/1/1995, towards premium Cover note was issued by the insurer On 27/1/1995 accident took place & third party, suffered severe injuries The

cheque given for insurance, dishonored After the date of accident Insurance Policy was cancelled However, on 30/1/1995, insured paid cash to insurer. Insurer contended that a contract of insurance would be valid only when cheque paid for premium is honoured On the dishonor of the cheque the contract being without consideration, need not be performed Held, cover note

was issued and cover note would come within the purview of definition of "Certificate of Insurance" and also an "insurance policy" It remains valid till it is cancelled.

2008(3) GLH 791(SC) Abhaysing Pratap sing Waghela

3. Motor Vehicles Act, 1988 S. 147(5), S. 149(1) Insurance

Act, 1938 S. 64VB Indian Contract Act, 1872 S. 2, S. 51, S. 124 Liability of Insurer Dishonour of cheque for premium Cancellation

Of Insurance policy by insurer on account of dishonor of cheque for premium The fact of cancellation was informed by Insurance Company to the insured and RTO Accident occurred thereafter Held, Insurance Company would not be liable to satisfy the claim.

2008 (3) GLH 168 (SC) – Deddappa v/s N.I. Com

But if, the cancellation of IP was informed by Insurance Company to the insured and RTO, IC is held liable to pay amount of compensation.

2017 ACJ 540 (Ori)

4. Dishonour of cheque given for payment of premium of

Policy IC cancelled the policy after the date of accident liability

of IC. Held IC liable to satisfy the award passed by the Tribunal IC may prosecute its remedy to recover the amount paid to

the claimants from the insurer.

2012 ACJ 1307 (SC) UIIC v/s Laxmamma. 2013 ACJ

2416 (SC) – N.I. Com v/s Balkar Ram, 2013 ACJ

2247 (Ori), 2016 ACJ 2401 (Guj) postal record depicts the fact that notice was served after the date of accident IC held liable 2022 ACJ 1553 (Kar)

Post Mortum Report:

1.Absence of PM report whether claimants are entitled to get compensation in absence of PM report held – yes. As there are sufficient evidence to prove that deceased died because of the vehicular accident non availability of PM report does not absolve the IC from its liability

2011 ACJ 2197 (MAD), 2012 AAC 3240.

2. Dismissal of claim petition on the ground that claimants have not proved the accident by examining the doctor who had conducted P.M.Vail? No. Is the duty cast upon the Tribunal to issue notice upon the Doctor and IO, before deciding the petition. If the counsel for the claimant has failed to perform his duty, claimant cannot be made to suffer.

2012 ACJ 1046 (Kar), 2014 ACJ 1479 (P&H)

3. Whether PM report is must to prove accident. Held – No

2012 ACJ 1434 (Ori) Relevant on page No. 1439,