GANESH CHELUVADI Vs. PREMKUMAR AND ORS.

JUDGEMENT

(1.) THIS is claimant's appeal assailing the judgment and award of the MACT, Hospet in MVC No. 613/2007 dated 07.01.2009.

(2.) IT is contended by the appellant that on 20.02.2007 at 6.00 PM near Basavana Canal Road, when the appellant was going in bicycle, a Scorpio bearing No. KA -25/N -5909 came in a rash and negligent manner and hit the appellant as a result of which, he fell down and sustained grievous injuries. Insurance company contested the matter and a defence was taken that there was no existence of contract under the cover note No. 700974 on the ground that cheque issued by the owner of the vehicle in respect of a premium was dishonoured and after intimating the dishonour of cheque to the owner of the vehicle as well as the financier, the accident had occurred. On account of dishonour of cheque issued towards payment of premium, their being no privity of contract between the owner of the offending vehicle and the insurer, the 3rd respondent is not liable to pay any compensation. Though the owner was served, he remained unrepresented and was placed ex -parte.

(3.) EVEN in the appeal proceeding, respondent No. 2 - owner remained unrepresented. Learned counsel for the appellant contended that the accident occurred on 20.02.2007, cancellation of the cover note said to have been made on 27.11.2006 was not intimated to the owner, no proof of postal receipt or the postal acknowledgement is produced by the insurance company to establish that the intimation of cancellation has reached the insured before the accident.