ORIENTAL INSURANCE CO LTD Vs. USHARANI

JUDGEMENT

(1.) The judgment and decree dated 25.07.2018 passed in M.C.O.P. No.694 of 2016 by the learned IV Additional District Judge, IV Additional District Court-cum-Motor Accidents Claims Tribunal, Ponneri, is under challenge in the present Civil Miscellaneous Appeal.

(2.) The learned counsel appearing on behalf of the appellant- Insurance Company mainly contended that there was no insurance policy on the date of accident, as the policy was cancelled, which was duly intimated to the respondents/claimants and the cheque issued by the policy holder was dishonoured with an endorsement 'Insufficient Funds'.

(3.) The accident occurred on 14.04.2016 at about 04.00 P.M., at N.H-16 Road, Outskirts of Murari Village, Gandepalli Mandal. Gandepalli Police Station registered a case in Crime No.63 of 2016 under Sections 337 and 304(A) of IPC. The deceased was riding a Tata Motors HGV lorry bearing Registration No.TN-18-AC-5802 towards Rajahmundry to Vizag in N.H-16 Road and the deceased died instantaneously.