1. THIS is an insurer's appeal on the question of liability. The accident took place at 2. 30 a. m. on the night between 5-2-1994 and 6-2-1994. The insurance policy was in effect till 21-9-1984 and had not been renewed subsequently. After the accident, during office hours on 6-2-1994 the owner went to the insurance company, paid the premium and obtained a fresh insurance policy without disclosing the happening of the accident. The insurance company contended before the tribunal that the risk commenced only when the premium was paid during office hours and therefore it is not liable to indemnify the owner with regard to the accident which took place at 2. 30 a. m. the tribunal refused to accept that contention and held that under the law the risk is deemed to have commenced from the zero hour of 6-2-1984 and therefore held that the insurance company is liable to pay the compensation amount. Being aggrieved this appeal is preferred.

2. I have heard the learned counsel for the parties. The tribunal, in support of its view, has relied upon two decisions. In 1985 accidents and compensation cases 81, a division bench of the Madras High Court held that the policy is deemed to cove