KAILASH NATH SHARMA vs Punjab National Bank

THE complaint of the appellant was dismissed vide order dated 28.9.2004 passed by the District Forum seeking compensation of the insured amount of a vehicle Maruti Van towards total loss as it was stolen. THE claim of the appellant was repudiated by respondent No. 2 on the ground that cheque of premium paid by the appellant was dishonoured. THE appellant also impleaded the Bank on whom he had drawn the cheque. However, the Bank was not held to be liable on the ground that the number mentioned on the cheque was wrong and, therefore, the Bank is not liable for dishonouring the cheque. THE appellant also approached the insurance Ombudsman.

THE main contention of the Counsel for the appellant is that the account number mentioned on the cheque was written by the officials of the Bank and not by the appellant and, therefore, the Bank officials are liable for dishonouring the cheque which has resulted in repudiation of his claim against the Insurance Company. Whatever may be the reasons, the fact remains that the cheque issued towards premium was dishonoured and, therefore, respondent No. 2 Insurance Company was not liable to accept the claim of the appellant. Similarly, the defence that cheque number was noted on the cheque by the officials of the Bank is not available to the appellant as it was the duty of the appellant to see that the cheque being issued has correct particualrs, particularly the account number. In view of the aforesaid reasons we do not find any merit in the appeal and dismiss the same in limine. Appeal is dismissed.

However, the grievance of the appellant that he is not in possession of the cheque nor was the cheque returned to him by respondent No. 2 company can be remedied by directing respondent No. 2 to furnish photocopy of the cheque in question to the appellant within one month so as to enable the appellant to ascertain the fact whether the account number was correctly mentioned in the cheque or not. A copy of this order be sent to respondent No. 2 also. FDR/Bank Guarantee, if any, filed by the appellant be returned forthwith. A copy of this order as per the statutory requirments, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal dismissed.