Regional Manager Oriental … vs Babu S/O Subramani on 25 May, 2011

IN THE HIGH COURT ()1? KARNATAKA AT BANGALORE
DATED THIS THE 25"" DAY OF MAY 201 1
BEFORE

THE HONBLE MRJUSTICE', SUBHASH B.A.n_:'4<*_.'V':  .

MISCELLANEOUS FIRST APPEAL No.1oe7oj2o:_3§'  E  E

BETWEEN:

Regional Manager

Oriental Insurance Co. ltd,

Regional Office, No.44/45,

Leo Shopping Complex, 

Residency Road Cross, . . _ --_  v   'E _

Bangalore ~« 560 025.      9. APPELLANT

(By Sri.A.N.Krish:n2;e»flv;3,myLA_ 

1. Baku _ V  ,  

S/o"'Subra'1naniV'"   " __
Now aged eabout  years' "
R/o Papaiah Raddy' Compound
Lakshman Murthynagar

- ' <  V_"Gk¢.1ndhinagar "Reade  vR.M.Nagar

'' _ 'Banga1o're__--~ 550 016

2;» -.e-K.}vz..rviahe;:.z1r~a

 0 C.K;MA%1hadeva, Major
"-No.4»; EH Main Road,
Byiafarayanapura new extension

' A Mysvofe Road,
' *3'anga1ore -26 .. RESPONDENTS

.Gurudev Prasad Adv. for R1;

   $efViee of Notice to R2 held sufficient)



of the policy. ln View of the cancellation of the policy and also in
View of the fact that the accident occurred much subsequent to
the eaheellation of the policy, the insurer cannot be directethto

pay and recover the said amount.

4. On the other hand, learned Counsel --lfor_v.thev'clairnant3

submitted that, the cancellation of the not"

proved and further submitted  in   the l'

insurer may pay and recoverthe  from   As far
as claimant is concerned, he" a.   

5. Facts

, wh’ich£._are not that the Tribunal
has held that the towards premium
of the policylhas also accepted EXs.R1
to R83to hflldptlltilllllél of RW–1 is corroborated with

the docurnentary eVisde;1ce«.i_bll’Hnaving so held, the Tribunal has

V.«-directed4°the___.ir1surerl°to——–.pay and reeover the same from the

owfrierr’ in once the policy is stood cancelled as the

V prerniurnitpaid the owner through cheque is dishonoured and
ason the ..date of accident, if there was no policy, no direction
maid’ have been issued to the insurer to pay and recover. To

this ‘extent, the appeal of the insurer is required to be allowed.

Aeeerciingiy. the appea} is allowed. The direction issued
by the Tribunal to the insurer is pay and recover the

compensation from the owner is set aside. The claimant is

entitled to recover the amount frem the ewner of

The amount in deposit be refunded t0 the appe11e_1iit.:~

Company.

KNM/–