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may 2008

Supreme Court of India · 2008-05-06

National Insurance Co. Ltd vs Yellamma & Anr

Citation / case number
AIR 2008 SUPREME COURT 3145
Court
Supreme Court of India
Petitioner
National Insurance Co. Ltd
Respondent
Yellamma & Anr
Author
S.B. Sinha
Bench
S.B. Sinha, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that under Section 166 of the Motor Vehicles Act, 1988, an insurance policy can be validly issued against a cheque, and liability commences from the date of issuance, not encashment. The Court found that the cancellation of the insurance policy was invalid due to lack of proper procedure and notice to the insured. Consequently, the insurer was held liable to pay compensation for the accident that occurred shortly after the issuance of the cover note, enhancing the compensation amount to Rs. 1,50,000.

National Insurance Co. Ltd vs Yellamma & Anr · Niyam