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Documents citing National Insurance Co. Ltd. vs Madhab Chandra Das And Ors. on 10 February, 1993

Praveen Vaidya vs Kailash And Ors. on 19 May, 2006

A further question that needs determination is whether in the absence of payment the cover note becomes ineffective and there was no policy which obliged the insurer to pay the compensation. The view expressed in United India Insurance Co. Ltd.'s case 1991 ACJ 650 (SC), is categoric. It has been observed that when the premium has not been paid and the cheque which covered the premium was not honoured, a cover note became ineffective and there was no policy which obliged the insurer to pay the compensation. The Apex Court observed that it would not be correct to hold that in the absence of steps for cancellation of cover note the risk would be subsisting. When a cheque issued has bounced, it is within the knowledge of the insured and at any rate that would be the presumption and, therefore, no special notice is required to be issued to the insured. The principle that can be called out from the view of the Supreme Court is that when the premium has not been paid, the cover note become ineffective and there can be no existence of policy which obliges the insurer to pay the compensation. The question whether premium has been paid has to be established by the person who claims to have made payment.
Madhya Pradesh High Court Cites 5 - Cited by 1 - U C Maheshwari - Full Document

Brundaban Patra vs The New India Assurance Co. Ltd., ... on 30 September, 1997

Where thereis no existence of any Insurance Policy in law, there is no question of cancellation. Liability as contemplated by Section 149 of the Act of 1988 cannot be extended to a case where there was never any valid contract of insurance in law. In the present case, undisputedly the cheque was dishonoured and the Insurance Company did not receive any premium. It has already been held by this Court in the decision of National Insurance Company Ltd. v. Madhav Chandra Das and Ors. reported in 1995 (I) TAC 50 that when premium has not been paid Cover Note becomes ineffective and there can be no existence of policy which obliges the insurer to pay compensation.
Orissa High Court Cites 9 - Cited by 0 - P Ray - Full Document

United India Insurance Company Ltd. ... vs Jaswinder Kaur Widow Of Sarwan Singh And ... on 30 August, 2010

Yet again, even earlier in National Insurance Co. Ltd. Vs. Madhab Chandra Das and others 1994 ACJ 890, the insurance company was made liable to satisfy the claim of a third party, even in a case where a cancellation of the policy had not been intimated to the registering authority. It said that once the policy of insurance had been issued, the presumption was that the premium was received and the onus was on the insurance company to prove the absence of payment which it failed to discharge.
Punjab-Haryana High Court Cites 3 - Cited by 3 - K Kannan - Full Document
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