SAMINA Vs. MONU SINGH

JUDGEMENT

(1.) This order shall dispose of FAO No. 4570 of 2018 and 2676 of 2019 which arise from a common award passed by the Motor Accidents Claims Tribunal, Mewat. One appeal has been filed by the Insurance Company whereas the other has been filed by the claimants.

(2.) The correctness of the findings of the Tribunal with regard to involvement of the vehicle and rash and negligent driving of Monu Singh are not being questioned.

(3.) Learned counsel representing the Insurance Company contends that the insurance policy stood cancelled on dishonor of the cheque for the payment of the premium, therefore, the insurance company could not be made liable as offending truck No.HR-38-W-7764 was not insured on the day of the accident. The Tribunal has examined the aforesaid issue and held that the Insurance Company failed to prove that the insurance policy was cancelled. Learned counsel representing the Insurance Company has failed to draw the attention of the Court to any substantive evidence to prove that the findings of the Tribunal, on this aspect, suffer from an any error. In fact, no evidence by the Insurance Company has been led to prove the cancellation was communicated to the owner. Hence, there is no substance in the appeal filed by the Insurance Company.