Insurance coverage commences upon receipt of premium. If an insurer stipulates a future date for coverage, it must be explicitly communicated and consented to by the insured. Failure to prove such consent renders the insurer liable for accidents occurring from the date of premium payment.

JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. R. Goswami, the learned counsel for the Insurance Company (appellant in MAC Appeal No. 488/2017 and respondent No. 1 in MAC Appeal No. 708/2018). Also heard Mr. A. Lal, the learned counsel for claimant (appellant in MAC Appeal No. 708/2018 and respondent No. 1 in MAC Appeal No. 488/2017) as well as Mr. M. K. Sarma, the learned counsel for the owner of the offending vehicle (respondent No. 2 in both the appeals).

2. Both the above-mentioned appeals arise from the common judgment dated 07.07.2017, passed by the Motor Accident Claims Tribunal No. 1, Kamrup, Guwahati, in MAC Case No. 2284/2008. Hence, by this common judgment, it is proposed to dispose of both the above-mentioned appeals.

3. The MAC Appeal No. 488/2017 has been filed by the United India Insurance Company Limited, wherein the appellant has disclaimed its liability to indemnify the owner of the offending vehicle on the ground that when the ill-fated accident occurred, in which the claimant sustained injuries, the offending vehicle was not under any insurance cover.

4. On the other hand, the MAC Appeal No. 708/2018 has been filed by the claimant, Shri Sanjay Das, on being aggrieved by the quantum of compensation awarded to him by the impugned judgment. It is contended that under certain heads against which the compensation awarded to him was computed, he ought to have get more amount than what has been assessed by the Motor Accident Claims Tribunal.

5. The facts relevant for consideration of the instant appeals, in brief, are that the claimant, Sanjay Das, was traveling in a bus bearing registration No. AS-14/6079, on 06.05.2008, from Guwahati to Kauli. When the aforesaid bus reached Amingaon near Dalda factory, at about 2:30 PM, due to rash and negligent driving of the bus by its driver, it overturned. As a result of which the claimant sustained grievous injuries on his person and ultimately his right hand had to be amputated.

6. The claimant, thereafter, approached the Motor Accident Claims Tribunal No. 1, Kamrup at Guwahati by filing an application under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the injuries sustained by him in the motor vehicular accident which occurred on 06.05.2008. The Insurance Company appeared in the said proceeding and filed its written statement. It took the plea that on the date of accident, the offending vehicle, involved in the accident, was not under any insurance cover by any valid policy of insurance. The owner and driver of the offending bus, i.e., opposite party Nos. 2 and 3, did not appear, at the first instance, before the Motor Accident Claims Tribunal. Accordingly, the inquiry proceeded ex-parte against the owner and the driver. Thereafter, by its judgment and award dated 04.02.2011, the Motor Accident Claims Tribunal allowed the claim petition filed by the claimant and awarded him a compensation of Rs.5,78,000/- together with interest at the rate of 6% per annum from the date of filing of the claim petition till realization. The owner of the vehicle was directed to pay the compensation amount to the claimant within a month of the date of the said judgment.

7. However, later on, the owner of the vehicle approached the Motor Accident Claims Tribunal and filed an application for vacating