PRANAB KUMAR MITRA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Both the appeals are disposed of by a common judgment.

(2.) The insurance company preferred appeal against order passed under section 140 of Motor Vehicles Act, 1988 (F.M.A. No. 685 of 2005) while the kins of the victim have preferred an appeal against judgment and award passed finally by the learned Tribunal under section 166 of the said Act against the insurance company.

(3.) The grievance in substance of the insurance company is that on the date of the incident the insurance policy was not renewed. The cheque which was issued for payment was subsequently dishonoured. Since there has been no consideration, therefore, the contract for insurance is void and the insurance company cannot be fastened with liability in the instant case.