Assistant Administrative Officer of the Insurance
Company and Section 64-VB of the Insurance Act, 1938, the learned
Tribunal arrived at the following conclusion ... obstante clause contained in Section 147(5) of the Motor Vehicles
Act, 1988, Section 64-VB of the Insurance Act has no relevance
Insurance Act,1938, section 64-VB and Contract Act,1872 , section 2-Motor insurance - Policy- Dishonour of cheque-Liability of insurance company-Policy was issued ... follows;
" Motor Vehicle Act, 1988 , section 147 (5) and 149(1) Insurance Act, 1938, section 64-VB -Motor insurance-Dishonour of cheque-Third party
same date. He submitted that in view of Section 64-VB of the Insurance Act, the Insurance Company is debarred from covering any risk prior ... Counsel for the Insurance Company which leads to the same result. It is based on Section 64-VB of the Insurance Act. Relevant part
Insurance Act,1938, section 64-VB and Contract Act,1872 , section 2-Motor insurance - Policy- Dishonour of cheque-Liability of insurance company-Policy was issued ... follows;
" Motor Vehicle Act, 1988 , section 147 (5) and 149(1) Insurance Act, 1938, section 64-VB -Motor insurance-Dishonour of cheque-Third party
Insurance Act,1938, section 64-VB and Contract Act,1872 , section 2-Motor insurance - Policy- Dishonour of cheque-Liability of insurance company-Policy was issued ... follows;
" Motor Vehicle Act, 1988 , section 147 (5) and 149(1) Insurance Act, 1938, section 64-VB -Motor insurance-Dishonour of cheque-Third party
Insurance Act,1938, section 64-VB and Contract Act,1872 , section 2-Motor insurance - Policy- Dishonour of cheque-Liability of insurance company-Policy was issued ... follows;
" Motor Vehicle Act, 1988 , section 147 (5) and 149(1) Insurance Act, 1938, section 64-VB -Motor insurance-Dishonour of cheque-Third party
Insurance Act,1938, section 64-VB and Contract Act,1872 , section 2-Motor insurance - Policy- Dishonour of cheque-Liability of insurance company-Policy was issued ... follows;
" Motor Vehicle Act, 1988 , section 147 (5) and 149(1) Insurance Act, 1938, section 64-VB -Motor insurance-Dishonour of cheque-Third party
contention. The provisions of Section 64-VB of the Insurance Act are as follows:
"64-VB. No risk to be assumed unless premium ... contemplated in the explanation to Section 64VB of the Insurance Act. For the purpose of Section 64-VB of the Insurance Act, a cheque would
repudiated for non-compliance of
statutory provisions of Section 64-VB of
Insurance Act as there was non-payment of instalment amount. Therefore
it cannot ... have rejected it by invoking Section 64 VB of the
Insurance Act. Section 64 VB of the Insurance Act reads as
follows:
No risk
appellant,
relied upon Section 64-VB of the Insurance Act. It reads
thus:
''64-VB. No risk to be assumed
unless premium ... particular categories of insurance
policies.
Mr. Sharma submitted that, in view of the provisions of
Section 64-VB of the Insurance Act, the appellant could
