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1996 DIGILAW 339 (RAJ)

National Insurance Co. Ltd. v. Dinesh Kumar

1996-04-04

B.R.ARORA

body1996
JUDGMENT 1. - This appeal is directed against the Award dated 4.10.1991 passed by the' Judge, Motor Accident Claims Tribunal, Bali, by which the learned Judge of the Tribunal awarded a sum of Rs. 38,000/- as compensation to the claimant alongwith interest @ 12% per annum if the payment is made within the period of one month and in default thereof, the amount will carry interest @ 15% per annum. 2. The only contention raised by the learned counsel for the appellant is that at the time when the accident took place, the vehicle in question was not insured with the appellant insurance company and the insurance company is, therefore, not liable to indemnify the claim awarded by the Tribunal. Learned counsel for the respondents, on the other hand,. has submitted that the date commences immediately after the mid-night of the previous day ends, the policy covers the risk notwithstanding that the accident had occurred earlier. 3. It is not in dispute that the accident in the present case occurred on 31.8.1987 in the morning with Tempo No. RJT 2791 while the insurance policy was taken by the insured at 6.15 p.m., i.e., even after the office hours. In the accident, the injured- claimant's right leg got compound fracture, tibia and fibula bones were also fractured and he received other injuries. 4. The question which requires consideration is : whether the policy taken by the insured in the evening of the day of the incident relating to the vehicle which met with an accident, the policy will cover the risk and the insurance company is liable to indemnify the claim awarded by the learned Judge of the Tribunal ? 5. The same question came-up for consideration before the Supreme Court in the case of : New India Assurance Co. Ltd. v. Ram Dayal & Ors., 1990 ACJ 545. In this case before the Supreme Court, the accident took place earlier in the morning and the insurance policy was taken after the commencement of the office hours in the afternoon. The Supreme Court held that "the date commences immediately after the mid-night ends and the policy covers the risk notwithstanding that the accident had occurred earlier." 6. In this case before the Supreme Court, the accident took place earlier in the morning and the insurance policy was taken after the commencement of the office hours in the afternoon. The Supreme Court held that "the date commences immediately after the mid-night ends and the policy covers the risk notwithstanding that the accident had occurred earlier." 6. In view of the judgment of the Supreme Court aforesaid, it is, therefore, clear that the policy taken during any part of the day becomes operative from the commencement of the day which starts from the previous mid-night. Since the accident, in the present case, took place on the same day, i.e., on the date of the policy, the appellant insurance company is, therefore, liable to indemnify the claim. The contention raised by the learned counsel for the appellant is, therefore, devoid of any force and the appeal deserves to be dismissed. 7. In the result, I do not find any merit in this appeal and the same is hereby dismissed.Appeal rejected. *******