ORIENTAL INSURANCE CO LIMITED Vs. SHAKARBHAI DHULABHAI SENMA

JUDGEMENT

(1.) THE Insurance Company being aggrieved by judgment and award dated 20.03.86 passed by Motor Accident Claims Tribunal [Main], Mehsana in MACP No. 251 of 1984 is before this Court challenging the correctness, validity and propriety of the said award.

(2.) SHORT facts necessary for disposal of the present matter are that one Shankarbhai Dhulabhai filed claim petition being MACP No. 251 of 1984 claiming sum of Rs.70,000/ - with a submission that when he was standing On the left side of the road, Jeep No. GRW 9844 driven rashly and negligently by the driver, belonging to the respondent No.2, dashed him, leading to serious injuries.

(3.) THE Insurance Company appeared before the Court and submitted that the owner of the jeep paid the premium at 4.00 PM on 28.02.84 and after receiving the premium, the policy was issued with a mention that it would be effective for the period between 28.02.84 and 27.02.1985. The submission was that the accident had taken place at about 12.00 Noon and as the premium was paid at about 4.00 PM, the policy would not cover the accident or liability thereunder which had taken place/occured before receiving the premium and issuance of the policy.