UNITED INDIA INSURANCE CO LTD Vs. LAKSHI PRAMANICK

JUDGEMENT

(1.) By consent of parties the appeal, application for stay and the application for interim relief filed by the respondents-claimants all are taken up to-day for final disposal treating them as on day's list.

(2.) The short point involved in this appeal filed by the Insurance Company is about the liability of the appellant to satisfy the interim Award of Rs. 25,000/- passed under section 140 of the Motor Vehicles Act., 1988.

(3.) The husband of the respondent No. 1 Lakshi Pramanick died in a motor accident which took place on February 1, 1993. The death occurred at 8.30 a.m. on that day. The offending vehicle admittedly was not covered by any insurance policy as at the time of the accident. The insurance policy was taken out by the owner of the offending vehicle on the date of the accident. The policy clearly mentions that the period of insurance would commence from 10, a.m. on February 1, 1993 and would expire on the midnight of January 31, 1994. The learned tribunal, however, rejected the contention of the appellant about it not being liable on the aforesaid ground; hence the present appeal.