USHA AGGARWAL Vs. PARMOD KUMAR GUPTA

JUDGEMENT

(1.) The present appeal has been preferred against the impugned award dated 29.05.2010, whereby while granting compensation of Rs. 21,90,000/- with interest @ 7 % from the date of filing of the petition till realization., the Ld. Tribunal has exonerated respondent No.3/Insurance Company and directed the respondents No. 1 and 2, i.e., driver and owner of the offending vehicle to pay the compensation.

(2.) Counsel appearing on behalf of the appellant submitted that the accident took place on 27.04.2001; the cheque for 'cover note' was issued by the respondent No.2 Raju Gupta on 15.03.2001. Accordingly, the respondent No.3 issued cover note in favour of the respondent No.2. Thereafter, on the cheque being dishonoured, the respondent No. 3/Insurance Company sent notice dated 28.03.2001 by cancelling the said cover note.

(3.) Ld. Counsel further submitted that even the cover note/policy was cancelled, despite, first liability is on the Insurance Company and thereafter the same amount can be recovered from the insured.