NEW INDIA ASSURANCE COMPANY LIMITED Vs. MEENA DEVI

JUDGEMENT

(1.) THIS appeal filed by the New India Assurance Company Limited (herein referred as 'the appellant') is against the award dated 22.7.2008 passed by the Motor Accident Claims Tribunal, Hisar (herein referred as 'the Tribunal') awarding compensation to the tune of Rs.4,85,000/- along with interest @ 9% per annum in favour of the claimants- respondents (herein referred as 'the respondents No.1 to 6') and against the appellant as well as respondents No.7 to 9 jointly and severally. It was further ordered that the Insurance Company alone shall indemnify the owner.

(2.) THE main grouse of the appellant is that the accident in the case took place on 19.9.2005 at 4.30 p.m. whereas, the vehicle was insured w.e.f. 20.9.2005 i.e. mid night of 19.9.2005 to 19.9.2006 vide insurance policy Ex.R-1. The policy (Ex.R1) stipulates that it would take effect w.e.f. 20.9.2005, therefore, the accident having taken place much prior to the mid night of 19/20.9.2005 i.e. at about 4.30 p.m. on 19.9.2005, the company cannot be held liable.

(3.) BEFORE adverting to determine as to if the accident which occurred on 19.9.2005 at 4.30 p.m. is covered by the policy (Ex.R1). For this purpose it would be essential to reproduce the statement R.K. Kangra, Administrative Officer (RW-1). This witness has revealed that the vehicle was earlier insured with their company from 11.9.2004 to 10.9.2005 and thereafter it was insured from 20.9.2005 to 19.9.2006. He has also stated that the truck in question was produced before him on 19.9.2005 for inspection at 2.00 p.m. on the said date and the policy was also issued on the same date. Cover note was issued on 19.9.2005, but it further reveals that the policy was to commence from 20.9.2005. This cover note was undoubtedly signed by the proposer. The policy Ex.R-1 also contains the same terms that it would be effective from 20.9.2005 to 19.9.2006. The earlier policy regarding which a reference was made by this witness refers to another period which expired on 10.5.2005 and the same has non relevance.