Supreme Court · 2008 INSC 594 · Decided 6 May 2008
National Insurance CO. LTD. v. Yellamma & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 594 · [2008] 7 S.C.R. 860
- Case number
- CIVIL APPEAL No. 3317/2008
- Decided
- 6 May 2008
- Bench
- S.B. SINHA, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 142; Motor Vehicles Act Section 147, 166, 149
Headnote
_._ Contract of insurance - Insurance policy in respect of bus- Issue of third party cheque by purported insured towards payment of insurance premium - Cheque not encashed by c insurer as it was third party cheque and allegedly returned - Accident of bus - Claim petition - MACT allowed claim but to pay compensation on ground that there was no valid insurance policy - Appeal by victim - No appeal by purported insured - High Court held that there was D no provision that consideration for policy should flow from insured and not from third party - On appeal, Held: Contract .... ~ of insurance
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