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Pahari Lal And Ors. vs Mahesh Ram And Ors. on 11 January, 2005 cites

New India Assurance Co. Ltd vs Ram Dayal And Ors on 20 April, 1990

4. learned Counsel for the appellants-claimants submit that since the offending vehicle was insured at the relevant time, therefore, the insurance company will remain liable with effect from the zero hour and learned Tribunal has committed error in exonerating the insurance company, respondent No. 3. It was also submitted that amount awarded is lesser. learned Counsel for the appellants placed reliance on a decision of Supreme Court reported in New India Assurance Co. Ltd. v. Ram Dayal , wherein the Hon'ble Supreme Court has held that when a policy is taken on a particular date, its effectiveness is from the commencement of that date. The insurance policy obtained on the date of accident became operative from the commencement of the date of insurance, i.e., from the previous midnight and since the accident took place on the date of policy the insurer became liable.
Supreme Court of India Cites 4 - Cited by 121 - M Rangnath - Full Document

Oriental Insurance Co. Ltd vs Sunita Rathi & Ors on 4 December, 1997

5. So far as the liability of insurance company, respondent No. 3, is concerned, learned Counsel for the respondent No. 3 submits that since the accident took place at 3 p.m. and the offending vehicle was insured at 5 p.m. on hat very day and there is a specific averment in Exh. NA1 that the effective date and time of commencement of insurance is from 5 o'clock on 8.12.1992, therefore, by no stretch of imagination a conclusion can be drawn that the offending vehicle was insured at the time of accident. For this, the learned Counsel for insurance company, respondent No. 3, submits that the decision reported in the case of Ram Dayal , is distinguishable and has no application to the facts of this case. Mrs. Amrit Ruprah, learned Counsel placed reliance on a decision of Hon'ble Supreme Court in Oriental Insurance Co. Ltd. v. Sunita Rathi , wherein the Hon'ble Apex Court has held that where the time is mentioned in the cover note then the policy will be effective from the date and time of commencement of the insurance for the purpose of the Act. In the present case accident took place at 3 p.m. and the vehicle was insured at 5 p.m. In view of this, the insurer cannot be held liable on the basis of the above policy. Therefore, the liability has to be of the owner of the vehicle.
Supreme Court of India Cites 1 - Cited by 231 - Full Document
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