JUDGMENT Hon’ble Rajes Kumar, J.—Heard Sri Mohan Srivastava, learned counsel for the appellant as well as Sarvasri Ramesh Chandra Tiwari and S. Shukla, appearing on behalf of the respondent Nos. 1 and 3. Respondent No. 2 is represented by Sri R.S. Misra. 2. The appellant is the insurer of Jeep No. UPQ-1791, which was involved in an accident occurred on 6.3.1986 at 12:30 p.m. in which Jitendra, aged about seven years, died. The Tribunal awarded the compensation at Rs. 27,000/- and the owner of the vehicle as well as Insurance Company have been held liable. It has further been held by the Tribunal that since the vehicle was insured, the Insurance Company is liable to indemnify the liability of the owner of the vehicle and is liable to pay the compensation. 3. Learned counsel for the appellant submitted that as per the Insurance Cover Note, the vehicle was insured at 4:00 p.m. on 6th March, 1986, while the accident occurred at 12:30 p.m. on 6th March, 1986, when the vehicle was not insured. He submitted that since in the insurance policy, specific time, that is, 4:00 p.m. was mentioned, therefore, the policy came in operation after 4:00 p.m. on 6th March, 1986 and not from the midnight of 6th March, 1986. Since the vehicle was not insured at the time of accident, therefore, the Insurance Company cannot be held liable to pay the compensation. In support of the contention, he relied upon the decision of the Apex Court in the case of New India Assurance Company Limited v. Bhagwati Devi, 1998 Law Suit (SC) 178. 4. I find substance in the argument of learned counsel for the appellant. 5. The Apex Court in the case of New India Assurance Company Limited v. Bhagwati Devi (Supra), relying upon the earlier decision of the Apex Court in the case of National Insurance Co. Ltd. v. Jikubkai Nathuji Dabhi, has held that the principle deduced is, thus, clear that should there be no contract to the contrary, an insurance policy becomes operative from the previous midnight, when bought during the day following. However, in case if there is mention of a specific time for its purchase then a special contract to the contrary comes into being and the policy would be effective from the mentioned time. However, in case if there is mention of a specific time for its purchase then a special contract to the contrary comes into being and the policy would be effective from the mentioned time. In the present case, admittedly, in the Insurance Cover Note, time, that is, 4:00 p.m. dated 6th March, 1986 was mentioned. Therefore, in view of the law laid down by the Apex Court, referred hereinabove, the Insurance Policy was in operation from 4:00 p.m. on 6th March, 1986 and not from the midnight of the said date. Since the accident occurred at 12:30 p.m. on 6th March, 1986, at the relevant time, the vehicle was not insured with the appellant and, thus, the appellant cannot be held liable to indemnify the liability of the owner of the vehicle. 6. In the result, the Appeal is allowed. The order of the Tribunal dated 25th July, 1987 is modified to the extent that the Insurance Company is not liable to indemnify the liability of the owner of the vehicle. However, the Insurance Company shall pay the amount of compensation, but has the right to recover the same from the owner of the vehicle. The appellant is directed to deposit the entire outstanding amount in the concerned Tribunal within two months and the Tribunal is directed to release the same to the claimant within a month thereafter. ——————