National Consumer Disputes Redressal
United India Insurance Company Ltd. vs Jaswant Rai Popli on 6 March, 2002
ORDER
D.P. Wadhwa, J. (President)
1. This matter came up for admission on 25.2.2002 and after hearing we reserved orders. A substantial question of laws as to the interpretation of Section 64VB of the Insurance Act, 1938 is involved. Case pertains to insurance claim. Vehicle of the respondent-complainant was insured with the petitioner since 1993. The vehicle met with an accident on 7.5.1995. A cheque for the renewal of insurance was issued on 6.1.1995. It appears the cheque was dishonoured. There is nothing on the record to show as to in what circumstances the cheque was dishonoured and if complainant was informed. However, on representation on 12.5.95 the cheque was encashed on 17.5.95. In the meanwhile as noticed above, vehicle had met with an accident. Insurance policy was issued covering the risk from 31.3.95 to 30.3.96. As a matter of fact, there has been further renewal of the policy from 31.3.96 to 30.3.97. It is however, the contention of Mr. Vishnu Mehra, learned counsel for the petitioner-insurer that when the accident took place, insurer had not received the premium and the policy issued would be of no effect and in effect void. In support of his contention he has referred to a decision of the Supreme Court in the case of National Insurance Co. Ltd. v. Seema Malhotra and Ors. - (2001) 3 SCC 151. Both the District Forum and State Commission have held against the insurer and directed payment of compensation.
2. Since all the relevant facts to decide the substantial law point involved in the case, are not on record, we would admit this revision petition and would issue notice for 1st April, 2002.