ORDER

The present appeal by Insurance Company is directed against the order dated 27th March, 1989 by the High Court dismissing in-limine the appeal filed by the appellant against the order of the Tribunal holding the Insurance Company liable under the policy. The question raised in this appeal is, whether the Insurance Company is liable on a policy taken at a time, which is after the time of the accident though admittedly it being of the same date. According to the appellant the policy was taken on 23rd February, 1987 at 4.45 p.m. for which reliance is placed on the covering note. On the other hand according to the respondent-owner the insurance was taken at 10.00 A.M.. in the morning and not in the evening. It is not in dispute that the accident had taken place at 11.30 a.m.. The question which was considered and decided by the Tribunal was that when the policy is of the same date of accident, notwithstanding the same being issued at 4.30 p.m., i.e. after the accident, it would still cover the liability of the insurer, from the previous mid-night of the same date. Accordingly, it held the appellant is liable for the same. This was the principle based on the principle decided by