JUDGMENT:- The Insurance Company (appellant) has challenged the award of compensation passed by the Member, Motor Accident Claims Tribunal, Aurangabad, in M.A.C.P. No.60/1990, on the ground that the accident has taken place on 22.12.1989, at 11.30 a.m. and there was no policy or cover note issued by the appellant Insurance Company and, secondly, respondent No.2 (owner) has later obtained the cover note from the appellant on 22.12.1989, at about 4.30 p.m. 2. Driver did not appear. Based on available evidence, compensation of Rs.l,26,000/- was awarded with interest by learned Member. 3. The Insurance Company examined Shri. Rauf to show that he works on behalf of the Insurance Company for collecting insurance premium and, on 22.12.1989, Abdul Aziz came to him at 4.30 p.m. at office of R.T.O. and obtained cover note from him. Copy of the cover note is at Exh.66, as the Development Officer Mr. R.S. Baheti used to hand over blank cover notes to him. He had handed over the amount of note to Development Officer at 9 a.m. The Development Officer Shri. Baheti has accepted that he used to sign blank cover notes, to be kept with the agents for issuing the same to the customers after they approach the agent and cover note was issued on 22.12.1989. 4. It was not necessary for the purpose of issuing cover note for the agent to sit in the compound of the R.T.O. office only. The Development Officer has allegedly kept blank cover notes. Therefore, the Insurance Company cannot say that the owner of the truck practiced fraud on the Insurance Company or on the agent. Learned Member blamed the very practice and procedure adopted by the Insurance Company and, consequently, observed that having kept blank cover notes by the Development Officer with the agent, the evidence of the agent or the Development Officer cannot be accepted. 5. Learned Member placed reliance to the judgment in the matter of New India Assurance Co. Ltd. Vs. Ram Dayal and others (1990 Accidents Claims Journal 545 (Volume II)) in which it was observed that the insurance policy obtained on the date of the accident becomes operative from the previous midnight of the date of insurance and the insurance company is liable. 6. Learned Counsel has taken recourse to the judgment in the matter of New India Assurance Co. Ltd. Vs. Smt. Sita Bai and others (AIR 1999 SUPREME COURT 3577). 6. Learned Counsel has taken recourse to the judgment in the matter of New India Assurance Co. Ltd. Vs. Smt. Sita Bai and others (AIR 1999 SUPREME COURT 3577). In the said case the Hon'ble Lordships found that the policy was issued on 21.00 hours on 15.4.1987 while the accident has taken place at 10.00 hours on 16.4.1987 and commencement of the policy being issued after the accident, the Insurance Company cannot be fastened with the liability to pay compensation. 7. In the matter of National Insurance Company Ltd. Vs. Mrs. Chinto Devi ad others (JT 2000(8) SC 419) the question was when the insurance policy becomes effective and, on analysing the legal position, the earlier view in New India Assurance Co. Ltd. V s. Ram Dayal and others (1990 Accidents Claims Journal 545 (Volume II)) was held to be not a good law, in the light of subsequent pronouncement of the Supreme Court. However, in the facts of the case, Hon'ble Lordships of the Supreme Court directed deposit of claim amount in equal shares by the Insurance Company and the owner of the vehicle. 8. Now, reverting back to the facts of the present case, even if the contention of purchasing the policy on the same date of accident is accepted, the evidence adduced by the agent and by the Development Officer of the Insurance Company, by itself, will not be acceptable as to record that the amount of premium was received at 4.30 p.m. on 22.12.1989 (as per Exh.66) or that he issued cover note at 4.45 p.m. This is oral evidence adduced by the Insurance Company without support of documentation. Consequently, the claim that the insurance policy is being issued after the accident is difficult to digest and the findings recorded by the Tribunal, in this scenario of the matter, cannot be said to be perverse. The subsequent pronouncements of the Hon'ble Supreme Court, referred above, will not be applicable to the instant case as in those insurance policies, specific timing of issuing the cover note or the policy was referred. However, to repeat, in the instant case, the cover note is totally blank as to at what time it was issued. Consequently, I do not find any merit in the appeal and it is accordingly dismissed. Civil Application (No.3046/1993) is also dismissed. Appeal dismissed.