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1991 Supreme(Kar) 452

K.J.SHETTY, M.RAMA JOIS
NATIONAL INSURANCE COMPANY LIMITED – Appellant
Versus
INDIRABAI – Respondent


Advocates:
ASHOK R.KALYAN SHETTY, G.R.Ramesh, S.P.SHANKAR

RAMA JOIS, J.

( 1 ) IN this appeal presented by the national insurance company against an order made under Section 92-a of the Motor Vehicles Act, 1939 awarding interim compensation of Rs. 15. 000/- to the respondent-claimant, the following important question of law arises for consideration: whether an insurance policy issued by an insurance company on any day expressly specifying the date and time of issue on cover note or the policy, covers the risk in respect of the accident caused earlier on the same day, by the vehicle in respect of which such policy is issued, even though the insurance premium was paid and policy was issued, after the accident?

( 2 ) BRIEF facts of the case are these: respondent No. 1 presented a claim petition under Section 110-d of the 1939 act seeking compensation of Rs. 3,55,000/- towards death of her husband kallappa in a motor accident. During the pendency of the said claim petition the 1st respondent made an application under Section 92-a of the act for awarding compensation of Rs. 15,000/- on the basis of no fault liability. Before fixing no fault liability on the insurance company, according to the full bench decision of this court in united India ins

















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