LAWS(SC)-2008-8-147

NATIONAL INSURANCE CO LTD Vs. ABHAYSING WAGHELA

Decided On August 29, 2008
NATIONAL INSURANCE CO. LTD Appellant
V/S
Abhaysing Pratapsinh Waghela And Ors Respondents

JUDGEMENT

(1.) Leave granted.

(2.) What would the effect of dishonour of a cheque when subsequently the amount of premium has been accepted in cash by the insurer is the question involved herein.

(3.) First respondent was driving a moped on 27.1.1995. An accident took place on the said date as the said vehicle was hit by a truck bearing registration No. GJ 6T 7000 which was allegedly being driven in a rash and negligent manner. The said truck first dashed against an Ambassador car and then hit the moped which was being driven by the respondent as a result whereof he suffered severe injuries.