RADHAKRISHNA MENON, RAMAKRISHNAN
Oriental Insurance Co. Ltd. – Appellant
Versus
Sivan – Respondent
Radhakrishna Menon, J.
The common question that arises for consideration in these appeals is, whether the insurance policy was effective from 11A.M. on 15-7-1985 as contended for by the appellant or was effective with effect from the mid-night of 14-7-1985 as contended for by the claimants as well as the insured.
2. The answer to the question depends upon the construction of the provisions contained in Chapter VIII of The Motor Vehicles Act, 1939 read with the relevant rules of the Motor Vehicles (Third-Party Insurance) Rules, 1946, for short The third-Party Insurance Rules. S.94 of the Motor Vehicles Act highlights the need for insurance against third party risk. S.95 provides that in order to comply with the requirements of Chapter VIII a policy of insurance must be a policy which satisfies the requirements prescribed thereunder. Particular reference requires to be made to subsection 4 of S.95. This sub-section says that a policy shall be of no effect unless and until the insurer issues a certificate of insurance in the prescribed form and containing the prescribed particulars etc., in favour of the person by whom the policy is effected. Equally relevant is the provisio
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