The main legal point established is that the prima facie evidence of premium payment before the accident establishes the liability of the Insurance Company.

Rajendra Menon, J.

This is an appeal filed by the Insurance Company under section 173 of the Motor Vehicles Act, 1988 challenging an interim award dated 16.1.2012, passed by the Motor Vehicles Claims Tribunal-cum-Addl. 9th Addl. District Judge, Patna in M.V. Claim No. 254 of 2009 under Section 140 of the Motor Vehicles Act, 1988 and directing the Insurance Company to deposit the sum of Rs. 50,000/- by way of interim award, under no fault liability Clause.

2. The only objection raised in this appeal by the Insurance Company is that the accident in question took place on 5.3.2009 and in the policy issued with regard to insurance of the vehicle, the period of insurance is shown between 7.3.2009 to 6.3.2010 and as the period of policy commences from a date after the accident, the Tribunal committed an error in rejecting the claim. It was argued by the learned counsel for the Insurance Company that merely because premium was tendered on 5.3.2009, that cannot be a ground for granting coverage when the terms and conditions of the policy indicates that the insurance was for the period between 7.3.2009 to 6.3.2010. Placing reliance on the judgments in the cases of New India Assurance Co. Ltd. v. Ram Dayal and Ors., New India Insurance Co. v. Bhagwati Devi and Ors., New India Assurance Co. Ltd. v. Smt. Sita Bai and others, AIR 1999 SC 3577 and Oriental Insurance Co. Ltd. v. Porselvi and Anr., learned counsel for the Insurance Company argues that once the period of insurance is indicated in the insurance policy, the operation of the insurance coverage and the liability of the Insurance Company commences from the date the insurance policy is issued and if a particular time and period is indicated in the policy from the time otherwise from the midnight at 12:00 from the date from which the coverage is indicated. Emphasizing that in awarding the interim compensation in this regard contrary to the principles laid down by the Hon'ble Supreme Court an error has been committed, this appeal has been filed.

3. Refuting the aforesaid contention, learned counsel for the respondent places reliance on a judgment of the Allahabad High Court in the case of New India Assurance Company Ltd. v. Poonam Tripathi, (2015) 1 ADJ 15, to say that once premium has been accepted and paid to the Insurance Company, the coverage would be from the date of receipt of the premium.

4. Having heard learned counsel for the parties at length and on going through the material available on record, I am of the considered view that in this case the judgments relied upon by the learned counsel for the Insurance Company cannot be made applicable as the facts of this case are entirely different. Apart from the fact that this is an interim award, in para 9 of the written statement of the Insurance Company before the Tribunal, it is admitted by them that the premium has been paid by the owner of the vehicle to the Insurance Company on 5.3.2009 in cash, but in the policy the period of coverage indicated is between 7.3.2009 to 6.3.2010. In fact, the statement made in the written statement in para 9 reads as under:

"9. That though the premium has been paid by the insured (owner of the vehicle, the O.P.No.2) on 05.03.2009 in cash but he has taken the policy period from 07.03.2009 to 06.03.2010 which is very much evident from the policy copy, and only insured can explain the situation that why he has taken the policy for the above period."

5. From the aforesaid, it is clear that the Insurance Company admits the position that the premium was paid in cash to the Insurance Company on 5.3.2009. Thereafter, the Insurance Company in para 11 also referred to a vehicle inspection report to say that it is in the name of the owner Rajeev Kumar who has prepared the report and, therefore, it cannot be relied upon. The said report is also available on record. It is signed by the authorized signatory and it is recommendation made for insuring the vehicle and it shows that inspection was done and t