LAWS(TRIP)-2014-2-66

THE ORIENTAL INSURANCE COMPANY LTD., REPRESENTED BY ITS SENIOR DIVISIONAL MANAGER Vs. SMT. SHILPI CHANDA AND ORS.

Decided On February 11, 2014
The Oriental Insurance Company Ltd., Represented By Its Senior Divisional Manager Appellant
V/S
Shilpi Chanda Respondents

JUDGEMENT

(1.) IN this appeal filed by the Insurance Company, it has challenged the award dated 15 -06 -2007 passed by the learned Motor Accident Claims Tribunal, North Tripura, Dharmanagar in case no. T.S. (MAC) 14 of 1998 whereby it has been held liable to pay the compensation.

(2.) SRI P. Gautam, learned counsel appearing on behalf of the appellant -Insurance Company, submits that though an insurance policy had been issued on 23 -02 -1998, due to dishonour of cheque vide which premium was paid the same was cancelled on 16 -04 -1998. An intimation of the cancellation of the policy was sent by registered post to the owner Samar Deb as well as to the Regional Transport Officer, West Tripura. No doubt, the Insurance Company did send this intimation, but the fact is that the accident took place on 13 -04 -1998, i.e. prior to the cancellation of the policy.

(3.) IN view of the settled position of law, I find no merit in the appeal of the Insurance Company which is accordingly dismissed. No order as to costs.