A tempo bearing No.
The said information was companymunicated to Respondent No.2.
By an Award dated 12.06.2002, the learned Motor Vehicles Accidents Claims Tribunal allowed the said claim application directing payment of companypensation for a sum of Rs.1,58,000/ with interest 12 per annum holding that the Insurer was liable to pay the said awarded amount despite cancellation of the companytract of insurance.
First Respondent thereupon cancelled the policy of insurance.
An application for grant of companypensation was filed by the appellants herein under Section 166 of the Motor Vehicles Act, 1988 for short the Act in the Court of C.J. SD Motor Accidents Claims Tribunal at Gangavati in the district of Koppal on 12.06.2006.
Before the Motor Vehicle Accidents Claims Tribunal, the insurer has also examined witnesses, inter alia, to prove cancellation of the policy of insurance, postal acknowledgement showing intimation thereabout which was served to the insured and a companyy of the letter dated 6.11.1997 issued to the R.T.O. and the memo issued by the Bank as regards dishonour of the cheque etc.
The Bank by its letter dated 21.10.1997 issued a Return Memo disclosing dishonour of the cheque with the remarks fund insufficient.
5829 OF 2007 Arising out of SLP C NO.7746 of 2006 B. Sinha, J. Leave granted.
Household articles of the appellant also were damaged in the said accident.
The said vehicle was insured with the National Insurance Company.
CIVIL APPEAL NO.
An intimation thereabout was also given to the R.T.O. companycerned.
The said cheque was presented for encashment before the Syndicate Bank.
She died on the spot.
A plea was taken therein by the Insurance Company that although the vehicle in question was insured by the owner for the period 17.10.1997 and 16.10.1998, but the cheque issued therefor having been dishonoured, the policy was cancelled and, thus, it was number liable therefor.
KA 37 2257 which was being rashly and negligently driven by Respondent No.2 herein ran over her.
This appeal is directed against the judgment and order dated 15.6.2005 passed by a learned Single Judge of the High Court of Karnataka in M.F.A No.5751 of 2002, whereby and whereunder an appeal preferred by the respondent herein from the judgment and order dated 12.06.2002 passed by the Motor Accidents Claims Tribunal in M.C.A. No.113 of 2001 was allowed.
Shantamma, daughter of the appellant herein was sleeping in her hut.
