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Tuesday, March 4, 2014

MACT CLAIM - Motor accidents - dishonour of cheque issued by the insured- the cancellation of policy shall be intimated to the registering authority by the insurance company

Motor Vehicles Act - Accident- The certified copies of FIR, scene Mahassar, AMVI reports and charge sheet filed by the police before he criminal court are admissible in evidence in MACT, without formal proof. (AIR 2011 SC 1504)

MACT claim- No bills are produced by the claimant. Even then a sum  can be allowed as compensation for medical expenses. Courts must adopt humanistic and realistic approach. 2010 KHC 6215.
MACT claim - cheque given by the vehicle owner dishonoured and the insurance policy become void due to non payment of premium. Against the claim, it was contended that notice regarding the cancellation of insurance policy need to be served on the registering authority. In Daddappa case, the Supreme Court held that, intimation regarding cancellation of policy shall be given to the insured and the RTO concerned. The intimation of cancellation of the policy shall be given tothe RTO. 2008 ACJ 581 - Daddappa & Others V. Branch Manager, National Insurance Co. Ltd.

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