National Insurance Co. Ltd.
vs.
Jitendra Kumar Jain
Writ Petition No. 3261 .of 2006
Decided on: 24-04-2018
Hon’ble Judge: Sanjay Agrawal, J., High Court of Chhattisgarh
Facts: Jeep of respondents being driven in rash and negligent manner dashed vehemently in claimant’s motorcycle. Compensation under section 166 of Motor Vehicles Act has been claimed. Subsequent to which claims Tribunal fastened liability upon Petitioner Insurance Company. Later aggrieved filed petition before the High Court.
Held: Insurance Company contented that premium was not paid to company at that time and Development officer who collected the premium amount was not authorised for the same, contention rejected by the High Court. On a bare perusal of record, it was held that it is evident that at relevant time, premium had already been collected by petitioner by issuing “Deposit Challan” in its printed form. Insurance company therefore could not run away from its liability to pay the assured. Petition dismissed accordingly.
