S.N.Pathak, J.

1. This appeal has been filed against the order dated 16.2.1996 granting compensation of Rs. 50,000 to the claimants-respondents and it was directed to be paid by the appellant (New India Assurance Co. Ltd.).

2. Appellant#25;s lawyer submitted that in the instant case, vehicle in question was ensured with the insurance company on 10.1.1995 from 4 p.m., whereas the accident took place at 12 noon of the aforesaid date. So, the insurance company was not liable to pay any compensation to claimants of the case. In this connection, learned lawyer for the driver of the vehicle in question bearing registration No. BER 8421 (respondent No. 3) submitted that this misc. appeal is not maintainable in view of the fact that it is directed against an order which is not an award within the meaning of sec. 149(7) of the Motor Vehicles Act, Explanation. He further submitted that this misc. appeal was also not maintainable because the appellant did not take leave of the Tribunal to file an appeal. He lastly submitted that the policy commenced on 10.1.1995 and was valid till 9.1.1996. So, the policy will start from zero hour on 10.1.1995 and will continue till 12 p.m. on 9.1.199