G.T.NANAVATI, K.RAMASWAMY, K.VENKATASWAMI
National Insurance Company – Appellant
Versus
Jikubhai Nathuji Dabhi – Respondent
(1) THIS appeal by special leave is confined to the question as to whether the accident had occurred during the operation of the insurance policy in controversy. The admitted position is that the renewal of the insurance was effected as under:
"ADDRESS: Jul Apartment, ... Rd. Vile Parle (N), Bombay 5
IT is hereby understood and agreed that the renewal premium of Rs 1307 only under this Policy having been paid on 25/10/1983 and not within the renewal date viz. 14/10/1983 the Insurance by this Policy is suspended from 14/10/1983 (4 p.m.) to 24/10/1983.
FURTHER, it is declared and agreed that the cover under this Policy is reinstated and renewed for a further period of twelve months from 25/10/1983 to 24/10/1984 at a premium of Rs. 1,307.00."
(2) THE tribunal also had recorded, as a fact, that on 25/10/1983 at 4.00 p.m., the contract of renewal had come into force and it would he operative up to 24/10/1984. The tribunal also recorded, as a fact, that the accident had occurred on 25/10/1983 at 11.14 a.m., that is, before the renewal of the contract. Under these circumstances, it would be clear that the accident had occurred when the renewal had not taken effect
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