ORIENTAL INSURANCE COMPANY LIMITED Vs. MAMU RAM

JUDGEMENT

(1.) THIS appeal filed by The Oriental Insurance Company Limited (herein referred as 'the appellant') is against the award dated 31.10.2006 passed by the Motor Accident Claims Tribunal, Karnal (herein referred as 'the Tribunal') awarding compensation to the same of Rs. 50,000/- along with interest @ 6% per annum in favour of the claimant-respondent No. 1 (herein referred as 'the respondent No. 1') and against the appellant as well as respondent No. 2 and 3 jointly and severally.

(2.) THE main grouse of the appellant-company is that the accident in the case took place on 18.3.2005 at 1.15 p.m. whereas, the vehicle was insured w.e.f. 9.15 P.M. hours on 19.3.2005 to 18.3.2006 vide insurance policy Ex. R-4. The policy (Ex. R-4) stipulates that it would take effect w.e.f. 19.3.2005, therefore, the accident having taken place much prior to 19.3.2005 i.e. on 18.3.2005 at about 1.15 p.m., the company cannot be held liable.

(3.) PERUSAL of the cover note issued on 18.3.2005 was to commence from 19.3.2005. This cover note was undoubtedly signed by the proposer. The policy Ex. R-4 also contains the same terms that it would be effective from 19.3.20005 to 18.3.2006.