JUDGMENT :

G.B. Patnaik, J. - This is an appeal under the provisions of Workmen's Compensation Act against the award of the Assistant Labour Commissioner-cum-Commissioner for Workmen's Compensation and the sole question that arises for consideration is whether the insurance policy taken on a particular date mentions a particular time at which the policy was given can be said to be effective from the commencement of the date or from the specific time indicated in the policy in question. The aforesaid question arises because of a point taken by the insurer that the accident took place on 16.2.1987 at 7 a.m. whereas the policy of insurance was issued on the same day at 11.20 a.m. From the order of the Commissioner it transpires that this plea had not been taken by the insurer in its written statement filed before the Commissioner, but later on an application for amendment appears to have been filed on 21.7.1989 making this assertion and that application for amendment was never considered and was not allowed by the Commissioner and, therefore, the Commissioner came to the conclusion that any evidence led on that score must be held to be without jurisdiction and I entirely agree with the