ORIENTAL INSURANCE CO. LTD Vs. SOMA DEVI

JUDGEMENT

(1.) This is an appeal in a Motor Accident Claim case. Heard. I have perused the record.

(2.) Respondent (claimant) suffered personal injuries in a Motor Accident caused due to negligence of the driver of the vehicle bearing registration No. JK0 2N 4463 on 25-07.2004. She, therefore, preferred a claim for compensation under Section 166 of Motor Vehicle Act [Refer JK'S Manual of Motor Vehicles Laws P-226] (for short the M.V. Act) before the learned Motor Accident Claims Tribunal, Jammu (for short the Tribunal). She contended that the offending vehicle at the time of accident was insured with the Oriental Insurance Company Ltd. herein appellant. She relied upon a copy of Certificate-cum-Policy Schedule showing that the offending vehicle was insured with the appellant/insurance company with effect from 30.09.2003 to 29.09.2004.

(3.) The appellant/Insurance Company in its objections before Tribunal pleaded that owner of the offending vehicle had issued cheque bearing No. 391385 dated 30.09.2003 valuing Rs. 6,889/- towards premium of insurance and the appellant issued Policy/cover note to him. The said cheque, however, was dishonored by the Bank on 16.10.2003 with memo. 'insufficient funds'. The appellant, therefore, cancelled the policy and served notice dated 27.10.2003 to the owner informing him about the cancellation of the Insurance policy No. 1756 of the offending vehicle and informed RTO in this regard by Registered Post.