Indian Kanoon - Search engine for Indian Law

6. The notice to first respondent served on 02.07.2016. The second respondent was served on 15.06.2016. The third respondent did not claim the notice hence returned unserved. None of them engaged counsels.

7. After four years, the matter is taken up for final disposal through video conference.

8. The learned counsel for the appellant submitted that, on the date (21.05.2008) and the time (8.30 hrs.) of accident there was no privity of contract between the vehicle owner and the insurance company. The policy proposal accepted by 21/05/2008 is void ab-initio since the conduct of the insured is in violation of the principle “ubirriuma fides”. The Tribunal failed to take notice of the fact that there was no policy at the time of accident. Further it neglect to consider Ex.B-3 intimation of the Canara Bank about insufficiency of fund, Ex.B- http://www.judis.nic.in 5 Intimation letter to the owner and Ex B-7 intimation to the RTO about the cancellation of policy.