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2017 Supreme(Pat) 1064

RAJENDRA MENON
REGIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD. – Appellant
Versus
RAJEEV KUMAR – Respondent


Advocates Appeared:
For the Appellant :Mr. Ashok Priyadarshi, Advocate.
For the Respondent:Mr. Alok Kumar @ Alok Kr. Shahi, Advocate.

JUDGMENT :

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 Assuranc









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