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1 - 10 of 14 (0.21 seconds)Section 64VB in The Insurance Act, 1938 [Entire Act]
Section 23 in The Indian Contract Act, 1872 [Entire Act]
The Motor Vehicles Act, 1988
Section 146 in The Indian Contract Act, 1872 [Entire Act]
The Indian Contract Act, 1872
New India Assurance Co. Ltd vs Ram Dayal And Ors on 20 April, 1990
This view had been taken following the principle laid down in 'Ram Dayal' case, cited above.
Oriental Insurance Co. Ltd. vs Vedathal And Anr. on 23 July, 1999
14. The High Court of Madras, in Oriental Insurance Co. Ltd. v. Vedathal and Anr. II (2000) ACC 34 : 2000 (2) AJR 252, also had considered Section 64VB of the Insurance Act. There, the Insurance Company contended that the accident occurred on 20.5.1991. But the insurance policy became valid only from 21.5.1991. Therefore, the company cannot be held liable. The facts of that case reveal that Rs. 1,320 was paid on 20.5.1991, and the policy was signed on the same date. But the commencement of the policy was stated as from the mid-night of 21.5.1991. Relying on Section 64VB of the Insurance Act, the Court concluded that the risk would be from the date of receipt of the premium remitted in cash or by cheque. Therefore, held that in the absence of any time mentioned in the policy regarding the receipt of premium, it is to be assumed that the effective date of commencement of the policy would be just after mid-night, i.e., after 12.00 o'clock, on 20.5.1991, and would not disentitle the owner of the vehicle to make a plea, that the real and effective date of commencement of the policy would only be the date of receipt of premium.
M/S. National Insurance Co. Ltd vs Smt. Jijubhai Nathuji Dabhi & Ors on 20 November, 1996
5. The correctness of the decision in 'Ram Dayal', above, was challenged in National Insurance Co. Ltd. v. Jikubhai Nathuji Dabhi (Smt.) and Ors. , where the Apex Court had taken the view that when there is a special contract mentioned in the policy, stating the time when it was issued, the policy would be operative from that time, and not fictionally from the previous mid-night, as had been held in Ram Dayal case.
New India Assurance Co. Ltd. vs Bhanumati Devi And Ors. on 17 January, 2003
6. The above principle of law had been followed by a three-Judge Bench of the Apex Court, as could be seen from New India Assurance Co. Ltd. v. Bhagwati Devi and Ors. . The Apex Court endorsing the view of the 'Ram Dayal' and 'Jikubhai' cases, cited above pointed out that if there is no contract to the contrary, an insurance policy becomes operative from the previous mid night, when bought during the day following. However, in case there is mention of a specific time for its purchase, then a special contract to the contrary comes into being, and the policy would be effective from the mentioned time. The law on this aspect has been thus put to rest by the Court. There is, therefore, nothing further for us to deliberate upon.