Supreme Court · 2008 INSC 992 · Decided 29 August 2008
National Insurance CO. LTD. v. Abhaysing Pratapsing Waghela and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 992 · [2008] 12 S.C.R. 1049
- Case number
- CIVIL APPEAL No. 5305/2008
- Decided
- 29 August 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 145(1)(b)
Headnote
A B, Motor Vehicles Act, 1988 - ss.145(1)(b) and (d), 146 and 147 - Accident - Third party claim - Cheque issued towards premium of insured vehicle, dishonoured - But 'Cover c Note' issued therefor - After the accident, premium amount paid in cash - Liability of insurer to reimburse third party is liable to reimburse the third party claim having issued 'Cover Note' - 'Cover Note' would come within the purview of definition of 'Certificate of Insurance' and 0 'Insurance Policy' - A contract of insurance for the purpose of covering third party risk could not be purely contractual -
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