ATHIAMMAL Vs. KADHAR SHERIFF

JUDGEMENT

(1.) THE view taken by the Tribunal regarding the liability of the insurance company cannot be sustained in view of the decision of the Supreme Court reported in New India Assurance Co. Ltd. v. Ram Dayal 90 (2) C.L.J. 135. It is seen from that decision that though the policy may be taken during any part of the day, the policy becomes effective and operative from the commencement of that day. In that view, the Tribunal fell into an error in passing an interim award only against the appellants herein. THE award so passed cannot, therefore, be sustained. However, it is really unnecessary to pass any interim award against the fifth respondent insurance company at this stage, as it is not disputed that the main M.C.O.P. No. 12 of 1987 is still pending adjudication. THE Tribunal is, therefore, directed to take up that claim petition and dispose it of expeditiously, on or before 30.9.1992 and report such disposal to this Court, as the accident had taken place as far back as 20.10.1986. THE Civil Miscellaneous Appeal is, therefore, allowed. THEre will be no order as to costs.