TIPU Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondent on 11-12-90 with a prayer that by an appropriate writ, order or direction, the communication dtd. 27-12-1989 (Annex. 3) by which the respondent informed the petitioner that in respect of cover note dtd. 21-12-89 (Annex. 1), premium was not received and, therefore, the same was going to be cancelled and the communication dtd. 17-1-90 (Annex. 4) by which cover note (Annex. 1) dtd. 21-12-89 was cancelled, be quashed and set aside.

(2.) The facts as put forward by the petitioner are as under :

(3.) In this writ petition, the main submission of the learned counsel for the petitioner is that after issuance of cover note dtd. 21-12-89 (Annex. 1), the contract of insurance between the deceased and the respondent-Company was complete and therefore, cancellation of cover note on the ground that no payment was received by the respondent-Company is wrong. Apart from this the cheque itself was presented in the Bank by the respondents on 4-1-90 i.e. after the death of the deceased and therefore they could not get cheque encashed earlier and for that the petitioner could not be held responsible. Hence, the writ petition be allowed.