B N JEEVAN PRAKASH Vs. SHABEER AHAMAD SHARIFF

JUDGEMENT

(1.) THE appellant who had sustained fracture of the left forearm in an accident that took place on 1/12/1998 at 9 a. m. was awarded a sum of Rs. 50,000. 00 (sic Rs. 15,000. 00) as compensation and the liability was put on the shoulders of the driver and the owner. It is this order, which is questioned in this appeal.

(2.) WE have heard learned counsel for the appellant and Mr. O. Mahesh, learned counsel for respondent No. 3.

(3.) INSOFAR as the question of liability is concerned, it is submitted by the learned counsel for the appellant that the accident took place on 1. 12. 1998 at 9 a. m. and on the very same day, the owner had paid the premium as per Exh. P3, but, however, the policy was issued, to be commencing from 2. 12. 1998, as per Exh. R1 and the Tribunal taking note of the time mentioned in the policy, Exh. R1, did not fasten the liability on the insurance company, but on the other hand, directed the owner of the vehicle, respondent no. 2, to satisfy the award amount and as such this finding of the Tribunal is erroneous. Further, the learned counsel has placed reliance upon the decisions reported in Kantilal Nagarbhai Khristi v. Kantibhai punjabhai Thakor, 1991 ACJ 1037 (Gujarat)and Oriental Insurance Co. Ltd. v. Sivan, 1990 ACJ 533 (Kerala), to contend that the policy would take effect from the midnight of the previous day and such policy will cover the time and date of the accident in the instant case on hand. Therefore, he submits that the liability be fastened on the insurance company.