RANJEET SINGH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) These are all the appeals filed against the common award dated 21.1.1999 of the Motor Accidents Claims Tribunal, Vidisha in Claim Case Nos. 130, 131, 132, 150 and 157 of 1998 by the owner of the vehicle which met with the accident.

(2.) The facts briefly are that appellant No. 1 is the owner of Tata 407 minibus bearing registration No. MP 04-F 1923. Nandlal, Ramesh, Bhagwan Singh, Raja- ram and Khemchand amongst others were travelling in the said vehicle on 29.4.1997 when the vehicle overturned on the road and in the said accident, Nandlal, Ramesh, Bhagwan Singh, Rajaram and Khemchand suffered injuries and they filed Claim Case Nos. 130, 131, 132, 150 and 157 of 1998. In the said claim cases, the appellants took a stand that the aforesaid vehicle was insured with Oriental Insurance Co. Ltd. on the date of accident. Oriental Insurance Co. Ltd., on the other hand, took a plea that the vehicle was insured up to the midnight of 28.4.1997 and thereafter a fresh insurance policy was issued in respect of the vehicle and such fresh insurance policy was to commence from 2.30 p.m. on 29.4.1997, whereas the accident took place at 1 p.m. on 29.4.1997 and, therefore, it was not liable for compensation under the fresh policy of insurance issued on 29.4.1997. After considering the documentary evidence produced and oral evidence adduced by the parties, the Tribunal awarded different sums as compensation in the aforesaid claim cases by the impugned award dated 21.1.1999 holding that Oriental Insurance Co. Ltd. was not liable for the said compensation and instead the appellant, who was the owner of the vehicle was liable for the said compensation.

(3.) Mr. K.N. Gupta, the senior counsel, assisted by Mr. Pravin Newaskar, Advocate for the appellants, submitted that it will be clear from the oral evidence of NAWs 4 and 5 that the representative of the appellant-owner went to the office of Oriental Insurance Co. Ltd. on 29.4.1997 at about 11 a.m. and paid the insurance premium for the policy and that in fact, the policy of insurance which was issued on 29.4.1997 did not contain any time from which the policy of insurance was to commence on 29.4.1997 but the officers of the insurance company appeared to have put the time '2.30 p.m.' on the copy of the insurance policy retained by them. Mr. Gupta submitted, relying on the judgment of the Apex Court in New India Assurance Co. Ltd. v. Ram Dayal, 1990 ACJ 545 (SC), that the policy of insurance that was issued in respect of the vehicle on 29.4.97 would commence from the midnight of 28.4.1997. Alternatively, he submitted that the policy of insurance issued on 29.4.1997 would at least be effective from 11 a.m. on 29.4.1997 when the insurance premium was paid and since the accident took place at 1 p.m. on 29.4.1997, it was the insurance company which was liable to indemnify the appellant for the compensation amounts payable to the claimants.