C.T.RAVIKUMAR, ANIL K.NARENDRAN
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
SUDHAKARAN, S/O. KUMARAN – Respondent
C.T. RAVIKUMAR, J.
1. M.A.C.A.No.983/2009, placed before us for consideration based on a reference order dated 3.9.2010, of a learned Single Judge and the other appeals arising from the common judgment and awards of Motor Accidents Claims Tribunal, Ernakulam, in a pair of claim petitions germinated from the same motor vehicle accident, also carry the same question for resolution. “Can the insurer of a motor vehicle, involved in an accident during the currency of its policy of insurance, decline to assume the risk in respect of the insurance business, arising out of that accident occurred on the date of receipt of the premium merely because going by the policy of insurance, its coverage commenced not on the date of receipt of premium, but only from 00.hrs of the next day”, is the larger question to be resolved. A succinct narration of the facts of the cases, is required to answer the aforesaid question and allied issues.
2. We will firstly, deal with facts of the two claim petitions germinated from the same accident and culminated in the common judgment and awards of Motor Accident Claims Tribunal, Ernakulam, as mentioned above, viz., O.P.(MV) Nos.2198/2004 and 2410/2004. Th
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