NEW INDIA ASSURANCE CO LIMITED Vs. B GOPALA

JUDGEMENT

(1.) The only question that is urged by the appellant herein is that the policy and cover note for the vehicle bearing No.TN-22-3147 taken out on 15-5-1998 at 4.15 p.m. does not cover the liability arose out of an accident which took place at 12.30 noon on that day.

(2.) The facts that gave rise to the filing of this appeal are not in dispute. The second respondent filed O.P. No.251 of 2000 before the Motor Vehicle Accidents Claims Tribunal-cum-III Additional District Judge, Anantapur alleging that he is a carpenter by profession and that on 15-5-1998 when he was proceeding on a motorcycle, a tractor bearing No.A.P.02-V-2612 belonging to the first respondent, and insured with the appellant came in a rash and negligent manner, and hit him. He is said to have sustained serious injuries and claimed a sum of Rs, 1,00,000/-, towards compensation.

(3.) The first respondent filed a counter- affidavit pleading that there was no rash or negligent driving on the part of the driver of the tractor. The claim was mainly resisted by the appellant herein. It was pleaded that the insurance policy was taken out at 4.15 p.m., on 15-5-1998 and it cannot cover the liability which arose out of an accident which took place at 12.30 p.m.