Insurance policies must adhere to the effective date stipulated in the policy, but coverage should commence once premium payment is confirmed, ensuring protection as per public policy.

JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. D. Kalita, learned counsel for the respondents No. 1 to 4 and Mr. U.C. Rabha, learned counsel for the respondents No. 5 and 6.

2. This appeal under Section 173 of the Motor Vehicle Act, 1988, has been preferred by the Reliance General Insurance Company Limited, impugning the judgment and award dated 05.10.2015, passed by the MACT, Dhubri, in MAC Case No.297/2008, whereby, the appellant was directed to pay compensation amount of Rs.4,56,800/- (Rupees four lakh fifty six thousand eight hundred only) to the claimant along with interest @ 6% per-annum from the date of filing of the claim petition till realization.

3. The relevant facts for consideration of the instant appeal, in brief, are that on 26.11.2007, at about 5:15 pm, when the husband of the claimant No.1 and father of rest of the claimants respectively namely Lakhikant Roy @ Laxmi Kanta Roy was coming to his house from Ratiadaha Bazar by his by-cycle, a super bus bearing registration No. WB-63/3017, which was going towards Gauripur from Boxirhat knocked him on National Highway No.31 from back side. As a result of the aforesaid accident, Lakhikant Roy @ Laxmi Kanta Roy sustained grievous injuries. He was immediately taken to Dhubri Civil Hospital. However, on the same day, he succumbed to the injuries sustained by him in the accident.

4. The present respondent No.1 to 4 preferred an application under Section 166 of the M.V. Act, 1988, before the Motor Accident Claims Tribunal, Dhubri, claiming compensation for death of Lakhi Kanta Roy @ Laxmi Kanta Roy in the aforementioned vehicular accident.

5. The appellant being the opposite party No.3 in the aforesaid claim case, contested the claim by filing written statement therein. During the enquiry, two witnesses were examined on behalf of the claimants’ side, whereas, the present appellant adduced evidence of one Bitupon Gogoi. However, by the impugned judgment and award, the claim was allowed and the compensation was awarded to the claimants in the manner as already described in the foregoing paragraphs.

6. Mr. R. Goswami, the learned counsel for the appellant has submitted that the main issue to be decided in this appeal as to whether when a specific date of giving effect to the policy has been mentioned in the Cover Note/Policy of the Insurance Policy itself, then whether the policy would be effective from the said date and time or from the date and time at which the policy was bought or purchased. He submits that in the instant case, the premium of the comprehensive policy in respect of the offending bus was purchased by the owner of the offending bus on 26.11.2007 at 1:00 pm, and the same was to expire on the midnight of 26.11.2008. He submits that the present appellant is not disputing the date and time of the accident mentioned in the Form No.54 i.e., at 5:15 pm, on 26.11.2007. However, he submits that it was clearly mentioned in the Cover Note of the Insurance Policy that the policy would be effective from 1:00 pm of 27.11.2007 till midnight of 26.11.2008. Thus, he submits that the policy was not effective when the offending bus met with the accident. He submits that as there was a stipulation in the policy itself, to which, the insured also agreed to at the time of obtaining the policy by putting his signatures, hence, the general rule that the Insurance Policy would be effective from the date and time of purchase would not be applicable in this case. He submits that the Apex Court in a catena of judgments has made it clear that when no specific time has been stated as