NATIONAL INSURANCE CO. LTD. versus BALKAR RAM & ORS.

Since intimation regarding dishonour of cheque and cancellation of policy was given to the policy holder after the accident, the insurance company is liable to pay the compensation to the claimants.

Parties: Appellant: National Insurance Co. Ltd.; Respondent: Balkar Ram & Ors.
Jurisdiction: India
Judgment Date: 09 July 2013
Procedural Posture: Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome: Appeal dismissed
Legal Topics: Motor Accident Compensation, Insurance Liability on Dishonoured Cheque, Joint and Several Liability

Motor Vehicles Insurance Motor Accident Compensation Insurance Liability on Dishonoured Cheque Joint and Several Liability

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Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

National Insurance Co. Ltd.

Appellant

Balkar Ram & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

1 Whether Insurance Company is liable when cheque for premium was dishonoured prior to accident but intimation given after accident

Ratio Decidendi

Since intimation regarding dishonour of cheque and cancellation of policy was given to the policy holder after the accident, the insurance company is liable to pay the compensation to the claimants.

Court Disposition

Appeal dismissed

Orders

Insurance company liable to pay compensation
No order as to costs