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Head Note

Motor Vehicles Act,1988  - Section 147 (1) ,  (5) , Section 166 , Section 146 , Section 149

Motor Accident - Fatal Accident - Compensation - Third party risk - Insurer's liability - Policy from future date - Cover-note to take effect after date of accident - Accident between Scooter and Truck - Deceased succumbed to multiple grievous injuries - Tribunal awarded Rs. 7,96,000 as compensation - Section 146 imposing liability that an owner of Motor Vehicle must take out an insurance in respect of third party risk - If policy is issued from some future date, it must be with the consent of policy holder - Insurance Company cannot issue a policy from future date unilaterally - Insurance Company not producing any material as to why policy was issued from a later date - Liability to pay awarded amount by his owner not in question - Appellant has already withdrawn the amount deposited by Insurance Company - Direction issued not to recover the amount from appellant but to recover the same from the owner and driver of the vehicle - Appeal allowed to such extent.

Topic(s)-Motor Accident Claim , Fatal Accident , Compensation , Third Party Risk , Insurer's liability , Policy from Future Date

Important Decision(s)- If policy is issued from some future date, it must be with the consent of policy holder. Insurance Company cannot issue a policy from future date unilaterally.