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1997 Supreme(Kar) 533

G.C.BHARUKA, P.VISHWANATHA SHETTY, V.GOPALA GOWDA
KRISHNA SUBBARAO NAIK – Appellant
Versus
PALANI SWAMY – Respondent


Advocates:
D.O.KOTRESH, K.SURYANARAYANA MURTHY, RANGASWAMY, S.V.HEGDE MULKHAND

BHARUKA, J.

( 1 ) HEARD Mr. D. O. Kotresh, learned counsel for the appellants and Mr. S. V. Hegde Mulkhand, learned Standing Counsel for the respondent-New India Assurance Company Limited.

( 2 ) THE fundamental facts are not in dispute. Pursuant to a motor vehicle accident, which had taken place on 19-6-1987 at 9. 15 a. m. , one Kum. Sridevi, aged about 21 years and still a student, suffered spot death. The owner of the vehicle being Lorry No. MYL 5151 managed to obtain insurance policy from the 3rd respondent on that very day at 10. 15 a. m. i. e. , subsequent to the accident. In the said context, the only question which has fallen for our consideration is as to whether the insurance company can still be held to be liable for compensation of Rs. 33,000/- as awarded by the Tribunal in the present case.

( 3 ) THE learned counsel for the appellants has brought to our notice the Judgment of the Supreme Court in the case of the New India Assurance Company Limited v. Ram Dayal, (1990) 2 SCR 570, wherein the Apex Court has agreed with the view taken by the High Court holding that the insurance policy obtained on the date of accident becomes operative from the commencement of the day of o




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