An insurance policy covers the risk from the specified time of commencement, not earlier on the same day as the accident.

( 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 insurance company vaminasab nadaf, ilr1990 Karnataka 16, the tribunal is required to record findings on two issues: (1) that the vehicle in question was involved in the accident, and (2) the risk in respect of the claim made was covered by the insurance policy. on the first question, the tribunal has recorded a finding that the vehicle in question was involved in the accident. There is no controversy about that. On the next question as to whether the risk was covered by the insurance policy, the insurance company contended that as the accident in question had occurred in the early hours of the same day, namely, at 4 a. m. the vehicle was not insured with the appellant at the time of the accident, and therefore the risk was not covered by the policy. As against this, it was contended on behalf of the owner that according to the policy it was effective from 27-2-1989 to 26-2-1989, both days inclusive and on this basis submitted that the policy commenced immediately after the expiry of the midnight of 26-2-1989 and the commencement of the date 27-2-1989 and not from 5. 30 p. m. on 27-2-1989. In support of the contention of the claimant reliance was placed on the decision in jaikrishandas v chriruthai ammal and another, 1984 ACJ 530 (Madras ). In the said case after noticing that the policy had been obtained at 5. 30 p. m. and the accident had occurred at 10. 30 a. m. on 30th september, 1986, rejecttog the similar contention of the insurance company, the court held that the risk was covered by the policy. Following the said decision, the tribunal held that notwithstanding the fact that the accident had taken place earlier, the insurance company was liable to pay the compensation. Aggrieved by the said Order, the appellant has presented this appeal.

( 3 ) ON 27-3-1991, when the matter came up for hearing, after hearing the learned counsel on both sides, we considered it necessary to call upon the parties to file an authenticated copy of the cover note and the insurance policy etc. On 12-4-1991, the learned counsel for the insurance company has produced the quadruplicate copy of the cover note and the insurance policy. In the cover note at column No. 3, the effective date of commencement of insurance for the purpose of the act is mentioned as 27-2-1989; against column No. 4 - date of expiry of insurance, the date given is 26-2-1990. As against column date of issue - time, it is mentioned as follows: - "date of issue 27-2-1989, time 5. 30 p. m. " it also records the receipt of premium of Rs. 164/ -. Subsequently, on 8-8-1991 the learned counsel for the appellant has also produced photo copy of the proposal form which bears the date 27-2-1989, as the accident had taken place at 4 a. m. on the same date, it is not disputed that the proposal form presented and pr