LAWS(SC)-2009-4-238

STATE OF RAJASTHAN Vs. JAGDISH PRASAD

Decided On April 29, 2009
STATE OF RAJASTHAN Appellant
V/S
JAGDISH PRASAD Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned single Judge of the Allahabad High Court dismissing the appeal filed by the present appellant under Section 173 of the Motor Vehicle Act, 1988 (in short the 'Act').

(3.) The factual position is almost undisputed and the only dispute relates to the date of commencement of the policy i.e. the date from which the policy was in operation. The accident took place on 28/5/1996. The policy covers the period from 29/5/1996 to 28/5/1997. The High Court in para 13 of the impugned judgment held as follows: