KULDEEP Vs. ISHWAR SINGH & ORS

JUDGEMENT

(1.) This order shall dispose of FAO Nos.7269, 7271 and 7281 of 2017 since the same arise out of a common award passed by the learned Motor Accident Claims Tribunal, Bhiwani (hereinafter referred to as 'the Tribunal').

(2.) On 10.11.2017, while taking note of the submissions of learned counsel for the appellant that the matter in issue was squarely covered by the decision of the Hon'ble Supreme Court in National Insurance Company Vs. Balkar Ram and others, 2013 ACJ 2416 wherein it had been held that the Insurance company was liable to satisfy the award if intimation regarding dishonor of cheque and cancellation of policy was communicated to the policy holder after the date of accident, notice of motion was issued for final disposal. However, despite service having been effected, none was present on behalf of the Insurance Company on said date or for that matter on 01.12.2017 nor for that matter today also. Accordingly, I find no reason to adjourn the case any further. Accordingly, respondent-Insurance Company is proceeded ex parte.

(3.) Brief facts of the case leading to the filing of the instant appeals are that Policy Ex.R1 was issued on 6.6.2014 on payment of premium by the registered owner of the vehicle vide cheque Ex.R-1 whereafter accident involving the insured vehicle took place on 9.6.2014. However, on presentation, cheque issued to the Insurance Company was dishonoured by the bank concerned. Thereafter, vide letter dated 4.7.2014 i.e Ex.R-3, the Insurance Company cancelled the Insurance Policy dated 6.6.2014 (Ex.R-4) and gave intimation of the cancellation of the Policy to the registered owner of the vehicle. Learned counsel for the appellant has produced copy of Ex.R-3 i.e. Letter dated 4.7.2014. Perusal thereof reveals that on dishonour of cheque dated 5.6.2014, the Insurance Company informed the registered owner of the vehicle that due to dishonour of cheque and non receipt of premium, it was unable to provide insurance cover to the vehicle as doing so would be contrary to the regulations of the Insurance Act, therefore, it was giving notice that the Cover Note/Policy issued to him was void from the very beginning and his vehicle remained uninsured and that the Insurance Company would not be liable to pay any loss/damage to the vehicle nor be liable to any third party for loss incurred during the period in question.