NATIONAL INSURANCE COMPANY LIMITED Vs. MD KHALEEQ PASHA

JUDGEMENT

(1.) This appeal is preferred by the appellant/Insurance Company questioning the Order and Decree of the Special Judge for Trial of Offences Under SC/ST (POA) Act-cum-V Additional District & Sessions Judge, Medak at Sangareddy (for short, the trial Court) in M.V.O.P.No.22 of 2009, dated 17.11.2011.

(2.) The brief facts of the case are that on 22.01.2008, while respondent No.1 herein was proceeding on his cycle, and about 12.30 pm., when he reached in front of Edgah at Zaheerabad, car bearing No.MH27H 1839 came from Hyderabad side and dashed him, due to which, he fell down from cycle and received fracture injuries and other grievous injuries. Respondent No.1 herein filed the aforesaid MVOP against the appellant and respondent Nos.2 to 4 herein, claiming compensation of Rs.1,50,000/- for the injuries sustained by him in the said accident.

(3.) Before the Tribunal, the appellant-Insurance Company filed a counter denying the allegations and contended that as the cheque which was given towards premium of policy was dishnoured and as the policy was cancelled, it has no liability to pay the compensation and prayed to dismiss the claim petition.