YELLAMMA Vs. SUKHDEO SINGH

JUDGEMENT

(1.) ONE Hanumanthappa a minor boy aged about 5 years is the deceased in M. V. C. No. 1062 of 1991. Parents are the petitioners. The Tribunal awarded compensation and directed the owner to pay the compensation. The claim against the insurer is rejected. Hence the appeal.

(2.) THE facts and evidence discloses that the owner had taken cover note on 3/9/1992 against a cheque for Rs. 4,260 by his friend in favour of the insurer. The Development officer after couple of hours found that the cheque is not issued by the insured, therefore approached the insured, collected the cover note and cancelled the policy.

(3.) THE provisions of section 64-VB of the Insurance Act, 1938 reads thus: