A. K. PATNAIK, J.

( 1 ) THIS is an appeal under section 173 of the Motor Vehicles act, 1988 (for short, 'the Act') against the judgment dated 31. 3. 1997 of the Second motor Accidents Claims Tribunal (SD), berhampur, in M. A. C. No. 37 of 1995 (105 of 1994 ).

( 2 ) THE facts briefly are that on 11. 1. 94 at about 9. 30 a. m. the respondent No. 1, while going on a bicycle near Karahandha on Sukunda-Berhampur Road, met with an accident with the truck bearing registration no. ORG 9215 which was coming from berhampur side. Respondent No. 1 suffered some injury and filed a petition for compensation of Rs. 50,000 under section 166 of the Act which was numbered as M. A. C. Case No. 37 of 1995 (105 of 1994 ). In the said petition under section 166 of the Act, owner of the aforesaid truck (respondent no. 2) and the appellant were impleaded as opposite parties, respondent No. 2 did not contest the claim of respondent No. 1 and was set ex pane, while the appellant filed written statement and contested the claim of the respondent No. 1. One of the pleas taken by the appellant before the tribunal was that the insurance cover note for the truck bearing registration No. ORG 9215 was issued on 11. 1. 1994 at 6 p. m. whereas the accident took place on the same day on 11. 1. 1994 at 9. 30 a. m. Hence, the appellant was not liable to indemnify the owner of the truck for the accident which took place prior to the issue of the insurance cover note. The Claims Tribunal, however, rejected the aforesaid plea of the insurance company and held that the insurance policy commences from the midnight of the previous day as per the decision of the Apex Court in New India Assurance co. Ltd. v. Ram Dayal, 1990 ACJ 545 (SC)and subsequent decisions of various High courts. The Tribunal held that in this case although the accident took place at 9. 30 a. m. on 11. 1. 1994 and policy was issued at 6 p. m. on 11. 1. 1994, the appellant was liable to indemnify the owner as regards payment of compensation. On the basis of evidence adduced in the case, the Tribunal awarded compensation of Rs. 17,300 with interest at the rate of 9 per cent per annum from the date of claim application (24. 2. 1994) till the date of realization. Further, if appellant failed to pay the same within a period of thirty days, the appellant shall be liable to pay the interest at the rate of 15 per cent thereafter till realization. Aggrieved by the said judgment and award of the Tribunal, the appellant insurance company has filed this appeal.

( 3 ) MR. Mahitosh Sinha, learned counsel for the appellant, submitted that the insurance cover note (Exh. A) and the insurance policy (Exh. D) expressly indicated the date and time of commencement of the insurance of the truck No. ORG 9215 as 11. 1. 1994, 6 p. m. Thus, the insurance of the aforesaid truck cannot commence at any time before 6 p. m. on 11. 1. 1994 and as the accident took place much before 6 p. m. on 11. 1. 1994, i. e. , at about 9. 30 a. m. , the appellant (insurer) was not liable but the owner was liable to pay the compensation. He further submitted that in Oriental insurance Co. Ltd. v. Sunita Rathi, 1998 acj 121 (SC), the Supreme Court distinguished its earlier decision in Ram Dayal's case (supra) and held that where along with the date, the time with effect from which the insurance policy is to commence is indicated, the insurance policy will be effective not from the midnight of the previous day, but with effect from the time so indicated in the policy, Mr. Sinha vehemently argued that since in the present case the insurance policy clearly indicates that the insurance policy is to be effective from 6 p. m. of 11. 1. 1994, the aforesaid decision of the Supreme Court in Oriental insurance Co. Ltd. v. Sunita Rathi (supra), will apply and the earlier decision of the apex Court in Ram Dayal's case (supra), will not apply. Mr. M. Sinha alternatively submitted that if the court takes a view that the insurance policy in the present case wil