1. In the accident, which occurred on 14.02.2000, the appellant sustained injuries. He claimed compensation of Rs.5,00,000/-. Owner of the offending vehicle, viz., Tractor bearing Regn.No.TCO6630 insured with the 2ndrespondent M/s. United India Insurance Company Limited, contested the claim petition and opposed the claim for compensation. So also the insurer.

2. The accident has occurred on 14.02.2000 at 11.00pm. Opposing liability and based on Ex.P1, dated 04.02.2000 copy of the policy, the insurance company contended that at the time of accident i.e., at 11.00 pm on 14.02.2000, there was no contract of insurance. Premium was paid only on 14.02.2000 in the evening and after considering the particulars, contract of insurance ie. Ex.P1, was issued only on 15.02.2000. The accident has occurred on 14.02.2000 FN, but the policy has commenced only from 15.02.2000. On the above facts, the Insurance company, contended that liability cannot be fastened on them.

3. Considering the defence put up by the Company and placing reliance on the decision of this Court in M/s. United India Insurance Co. Ltd., Salem Vs. Anandavelu & Others, reported in 2000 (3) CTC 212, the claims tribunal has exonerated the insurance company from payment of compensation. However, directed the insured to pay a sum of Rs.77,000/- determined as compensation.

4. Though, Mr. S. Sounthar, learned counsel for the appellant / injured sought for reversal of the abovesaid direction, this Court is not inclined to accept the same in view of the following decisions :

(i). In J. Kalaivani v. K. Sivashankar reported in 2002 ACJ 613, the accident occurred on 08.02.1996 at 4.30 A.M. The policy for the offending vehicle was between 08.02.1995 and 07.02.1996. On the succeeding day, the owner of the vehicle went to the Insurance Company and obtained another policy. The commencement of the policy was from 08.02.1996 at 10.00 A.M. Following the decisions of the Apex Court in National Insurance Co. Ltd., v. Jikubhai Nathuji Dhabhi reported in 1997 ACJ 351 (SC), New India Assurance Co. Ltd., v. Bhagawati Devi reported in 1999 ACJ 534 (SC) and New India Assurance Co. Ltd. v. Ram Dayal reported in 1990 ACJ 545 (SC), at Paragraph 6, the Court held as follows :

“6. Therefore, the position has become now well neigh settled. The court has to look into the contract of insurance to discern whether any particular time has been specified for commencement or expiry, as the case may be, of the policy of insurance. The copies of the erstwhile policy as well as the present policy have been produced for our perusal, the authenticity of which has not been questioned before us. The erstwhile policy shows that it expired by midnight f 7.2.1996 by specific terms incorporated in the policy. The next policy has clearly indicated that it had commenced only at 10.00 a.m. on 8.2.1996. The interregnum created the void in respect of the vehicle vis-a-vis the insurance company, The unavoidable consequence of it is that the insurance company cannot now be mulcted with the liability in respect of the award granted by the tribunal."

(ii) Three decisions of the Apex Court referred to in Kalaivani's case, extracted from the above judgment, are as follows :

“5. Three decisions have been placed before us. In New India Assurance Co. Ltd., v. Ram Dayal and Ors., it was held that in the absence of any specific time mentioned in that behalf, the contract of insurance would be operative from the midnight of the day by operation of the provisions of the General Clauses Act, 1 1897. In National Insurance Co. Ltd., v. Jikubhai Nathuji Dhabhi, a three Judges bench of this Court approved the legal position adopted in the said decision. However, learned judges observed thus:

"But in view of the special contract mentioned in the insurance policy, namely it would be operative from 4.00p.m. on 25101983 and the accident had occurred earlier thereto, the insurance coverage would not enable the claimant to seek recovery of the