M.S.PARIKH, M.K.JOSHI
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
HIDAYAT TRADING COMPANY – Respondent
Mr. Justice M.S. Parikh, President—In all the three appeals common questions are involved and, therefore, they are taken up for final disposal by this common order. They arise from the orders passed by the Mehsana District Consumer Disputes Redressal Forum in Case Nos. 343/1994, 344/1994 and 345/1994 decided on 12th March, 2001 by common order.
2. It was the case of the respective complainants before the learned Forum that the Shop Keepers’ Insurance were taken up by the respective complainants by giving cheque on 8th December, 1992 and the complainants came to know about the shops having been looted in riots, occurring on 8th December, 1992, in the morning of 9th December, 1992. The losses were assessed as per the Surveyor’s report in each of the matters as alleged in the complaint.
3. The opponent disowned the liability on the ground that there was no insurance cover for 8th December, 1992 and the risk started from 1.30 in the afternoon of 9th December, 1992. Learned Forum adverted to the provision contained in Section 64VB of the Insurance Act, 1938 and the decision of Apex Court reported in 1990(2) SCC page 680, saying that the policy would be effective from midnight of the
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