Sudharshan S/O Hanmanth vs Sri Subash on 2 December, 2020
22. Further this court in the judgment between
The Divisional Manager vs. Sri Basavaraj and others in
MFA N.21737/2011 connected MFA Nos.21738/2011
and MFA No.23612/2009 were pleased to hold that the
risk as per Insurance Policy commences from the time
of payment of premium. In the facts and circumstances
in the above cited case, the premium was paid at 15.34
hours on 02.12.2003 and the policy was issued with
effect from 00.00 hours on 03.12.2003 (mid night).
Therefore, on that factual matrix involved as per the
documents placed regarding time of payment of
premium is concerned, the accident was taken place at
25
1.00 pm on 02.12.2003 and subsequently at 15.34
hours on 02.12.2003 premium was paid. Therefore,
under these facts and circumstances that before the
time of making payment of premium the accident was
caused. Therefore, it was held the insurer is not liable to
pay compensation.