NATIONAL INSURANCE COMPANY LIMITED Vs. BACHUBHAI CHANDUBHAI VASAVA

JUDGEMENT

(1.) HEARD learned Advocate Ms. Megha jani appearing on behalf of appellant -National Insurance Company Limited.

(2.) THE appellant has challenged award passed by MACT, Panchmahalas at Godhra decided on 30th December 2008 in MACP no. 826 of 1995. The Claims Tribunal has awarded Rs. 1,54,500/- with 9% interest upto 31st December 2000, thereafter. 7. 5% interest. The Claimant has filed application under Section 166 of M. V. Act.

(3.) LEARNED Advocate Ms. Jani raised contention that cheque paid by owner of vehicle towards payment of premium for insurance policy was dishonoured and subsequently, policy of Insurance was cancelled by appellant Insurance Company and informed to owner of vehicle and RTO. Agra which documents are on record and admitted by Claimant, even though. Claims tribunal has come to conclusion that policy was not cancelled and it remained in existence, because, intimation to owner about dishonour of cheque and intimation to RTO, Agra whether it has been reached to owner of vehicle and RTO, Agra or not? for that, there was no evidence on record which established facts by Insurance company. Therefore, Claims Tribunal has come to conclusion that in absence of acknowledgment, it is not proved by insurance Company before Claims Tribunal that intimation which has been given to owner of vehicle and RTO, Agra is reached to both parties. The documents which has been placed before this Court for perusal of this Court i. e. written statement filed by appellant Insurance Company, copy of cover note, copy of cancelled renewal notice, copy of cancelled cover note, copies of cheque, bank memo and debit advice, copy of notice of cancellation of policy, copy of application given by Claimants to cancel exhibited documents and copy of reply to application of cancellation of exhibited documents filed by appellant insurance Company.