Judgment :

Dr. Arijit Pasayat, J.:—

Leave granted.

Challenge in this appeal is to the order passed by a learned single Judge of the Allahabad High Court dismissing the appeal filed by the present appellant under Sec. 173 of the Motor Vehicle Act, 1988 (in short the Act).

The factual position is almost undisputed and the only dispute relates to the date of commencement of the policy i.e. the date from which the policy was in operation. The accident took place on 28/5/1996. The policy covers the period from 29/5/1996 to 28/5/1997. The High Court in para 13 of the impugned judgment held as follows:

"As the cover note has already been issued on 28.5.1996 itself, which is also entered in Ex. B1, Policy, the finding of the Tribunal fastening liability on the appellant cannot be termed as perverse. In view of the above discussion, there is no merit in this appeal. The quantum of compensation has not been disputed by the appellant – Insurance Company. In the result, the Civil Miscellaneous Appeal fails and the same is dismissed."

Learned counsel for the appellant brought to our notice the cover note which clearly indicates that the policy was valid from 29/5/1996 to 28/5/1997 though it was