UNITED INDIA INSURANCE CO LTD Vs. SATPAL

JUDGEMENT

(1.) THE appellant has challenged the award of the Claims Tribunal whereby compensation of `2,67,300/- has been awarded to claimants/respondents No.1 and 2.

(2.) THE accident dated 30th April, 2003 resulted in the death of Master Gaurav. THE deceased was survived by his parents who filed the claim petition before the Claims Tribunal. THE Claims Tribunal awarded `2,67,300/- to the claimants. THE award was passed jointly and severally against the appellant and respondents No.2 and 3.

(3.) THE law with respect to the liability of the insurance company in the event of dishonor of cheque towards the premium is well settled by the recent judgment of the Supreme Court in the case of United India Insurance Company Limited v. Laxmamma, (2012) 4 Scale 409 in which this Court held that the insurance company is absolved from the liability if the policy of insurance has been cancelled and intimation of cancellation has reached before the accident. THE findings of the Apex Court are reproduced hereunder:-