NATIONAL INSURANCE COMPANY LTD Vs. NARESH KUMAR

JUDGEMENT

(1.) BY this judgment the aforesaid four appeals are being disposed of since they arise out of the same accident and involve common questions of law.

(2.) ON 17/2/2001 at about 11. 00 p. m. an accident took place between jeep No. HP-12-1711 and truck No. HIS 9211. A number of claim petitions were filed and the learned Tribunal held that the accident took place due to rash and negligent driving of jagtu, driver of the truck which was owned by Bahadur Singh. Compensation was awarded and the Insurance Company was held liable to pay compensation.

(3.) THE dispute raised by the Insurance company is that on the date of accident the truck was riot insured with it. The admitted facts are that a cover note was issued by the appellant-Insurance Company in favour of Bahadur Singh, owner of the truck No. HIS 9211 whereby truck was insured w. e. f. 21-4-2000 to 20-4-2001. The payment of premium was made by Bahadur Singh, owner of the truck, vide cheque No. 989130, dated 19-4-2000, Ex. PW-3/a. Consequent to the issuance of the cover note, the Insurance company also issued a policy of insurance, Ex. RW-3/b. This cover note was issued on the consideration of the cheque. The cheque was sent for encashment by the insurance Company and was dishonoured vide letter Ex. RW-3/c, dated 9th May, 2000. Immediately thereafter on 9-5-2000 the insurance Company sent a notice Ex. RW-3/d to Bahadur Singh, owner of the truck that the cheque has been dishonoured and, therefore, the policy stands cancelled and the Insurance Company is not at risk. The letter was sent by registered AD post and the Insurance Company has proved on record extract of the dispatch register (RW-3/e)which shows that registered AD letter was sent to Bahadur Singh on 24/5/2000 and on the same date copy of the said letter was sent by ordinary post to the Registration and licensing Authority, Nalagarh. The stand of the owner of the truck is that the letter was never received by him and he was not aware that it stood cancelled.