NATIOANL INSURANCE CO LTD Vs. JITENDRA KUMAR

JUDGEMENT

(1.) ALL the aforesaid appeals are analogously heard at the stage of admission on the informal papers as agreed upon by the contesting parties. The sole issue is whether the insurance company/companies is/are liable to pay compensation to the third party claimant/s when respective cheque/s on account of premium to be paid by the owner/s to them is/are dishonored.

(2.) IN FAFO No. 646 of 2008 it has been contended by the insurance Company that the cheque of the premium was issued by the owner on 02nd September, 2003 covering the period between 04th September, 2003 to 03rd September, 2004. The cheque was returned by the Bank to the Insurance company on account of insufficient fund in the Account of the owner. Accident took place on 04th March, 2004.

(3.) IN FAFO No. 924 of 2008 it has been contended by the Insurance Company that the cheque of the premium was issued by the owner on 29th April, 2005 covering the period between 1st May, 2005 to 30th April, 2006. The cheque was returned by the Bank on 11th May, 2005 to the Insurance Company on account of insufficient fund in" the account of the owner. The owner was informed by letter dated 24th May, 2005. The accident occurred on 18th February, 2006, therefore, the Insurance Company is not liable to pay the compensation.