UNITED INDIA INSURANCE CO. LTD Vs. MAMTA GUPTA

JUDGEMENT

(1.) IN this appeal preferred under Section 173 of the Motor Vehicles Act, 1985 (for brevity 'the Act') the insurer, United India Insurance Co. Ltd., has called in question the defeanibility of the award dated 6-8-1996 passed by the VIth Additional Motor Accident Claims Tribunal, Bhopal in M.C.C. No. 184/1996 whereby the Tribunal has mulcted the liability of Rs. 2.00 lacs on the insurer on the foundation that the policy that was issued on 26-3-1992 as per Exhibit Annexure D-1 and D-1-A would go a long way to show that it was issued at 2:30 a.m. so as to cover the accident that took place on 26-3-1992 at 9:00 O' Clock in the morning.

(2.) WE are not inclined to state the facts in detail inasmuch as Mr. Sanjay Agrawal, learned counsel for the Insurance Company very fairly stated that with regard to occurrence of accident the vehicle involved and other aspects are not questioned by the Insurance Company. The main fulcrum of challenge relates to saddling of liability on the company on interpolation of the policy. It is submitted by him that the Tribunal has made comparison between the original policy Exhibit D-1 and the certified copy of the policy Exhibit D-1-A and has expressed the view that in Exhibit D-1 it has been mentioned 2:30 p.m. whereas in the certified copy, to which the Tribunal has referred to as the carbon copy, there is no mention of any p.m. and hence, it has to be construed as 2:30 O'Clock which would mean 2:30 a.m.

(3.) LEARNED counsel for the appellant has commended us to certain citations to bolster his contentions that once the time is mentioned, the Insurance Company would be liable from that point of time.