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The commencement of coverage of risk cannot be an arbitrary and irrational function of the level of efficiency or inefficiency of the functionaries of the Insurance Co.

In other words, it cannot be that had the functionaries of the Insurance Co. been efficient enough and issued the Policy on any day from 05.05.2009 to 27.05.2009, before the insured Radheyshyam Mourya expired, the risk would have been covered and the sum insured would have been paid, but, if the functionaries of the Insurance Co. were not efficient enough and issued the Policy subsequent to 27.05.2009, after the insured Radheyshyam Mourya expired, the risk would not be covered and the sum insured would not be paid.

The nominees/legal heirs of the insured, in present facts and specificities, that is, of an insured, who, after furnishing the proposal form (which passed scrutiny of the Insurance Co.), and after paying the premium (which was accepted by the Insurance Co.), expired unexpectedly in a road accident before the Policy was issued, cannot be made dependent on the level of efficiency or inefficiency of the functionaries of the Insurance Co.

The Insurance Co. has argued that coverage of risk commences when the Policy is issued. The case here, but, is that the coverage of risk cannot be an arbitrary and irrational function of the level of efficiency or inefficiency of the functionaries of the Insurance Co., it cannot be overlooked that there was no infirmity in the proposal form and there was no shortfall in the premium and the premium was accepted by the Insurance Co.