Insurance policies become effective only from the time stated in the policy documentation; claims cannot be made against an insurer prior to the policy's commencement.

JUDGMENT :

SUBHASH UPADHYAY, J.

1. The present appeal from order filed by the Appellant-Insurance Company is directed against the judgment and award dated 12.07.2019 passed by Motor Accident Claim Tribunal/3^rd Additional District Judge, Udham Singh Nagar in Claim Petition No. 131 of 2018, Smt. Yashwanti Devi & Others Vs. Varun Dixit & Others. By the said order, the Claim Petition filed by the claimants/ respondent nos.1 to 4 was allowed and a sum of Rs.3,94,000/- along with simple interest @ 6% per annum from the date of filing claim petition till the date of actual payment is awarded in favour of the claimants.

2. Brief facts of the case as stated by the claimants are that, on 07.02.2018, husband of respondent no.1/claimant, Late Shri Gainda Singh, who was a labour, was going for work along with Rinku and Udayvir Singh. A tourist bus bearing no.UP-22 AT-0403, which was being driven in a rash and negligent manner hit cycle of husband of respondent no.1/ claimant. Husband of respondent no.1/claimant was taken to hospital but he died on his way to hospital. The post mortem was conducted at Government Hospital, Bijnaur on 08.02.2018 and FIR was registered against driver of the offending vehicle at Kotwali Afzalgarh. It was contended that the deceased was 42 years old and was earning rs.10,000/- per month, as such, a claim of Rs. 27,00,000/- was raised.

3. Owner and driver of the offending vehicle filed their written statement and denied the fact that the offending vehicle was being driven rashly and negligently. Owner of the offending vehicle (respondent no.5) submitted that vehicle was having all the relevant valid documents; was insured with the appellant and liability to pay the claim was of the insurance company.

4. Driver of the vehicle / respondent no.6 contended that he was having the valid driving license and the bus was not being driven in a rash and negligent manner and the accident did not occur from his bus. The appellant/respondent no.3 in the claim petition, filed its reply and contended that there was no cause of action against the insurance company as there was no compliance of Section 64-VB of the Insurance Act. It was also contended that the insurance policy was issued on 07.02.2018 at 10:35 a.m. and the accident occurred on the same day at 8:30 a.m., as such, the vehicle was not insured at the time of accident and the liability was of the owner.

5. Learned Motor Accident Claim Tribunal framed the following issues with regard to the accident:-

1) Whether on 07.02.2018 when Gainda Singh along with Rinku was going for labour work then at 8:30 a.m. the driver of vehicle No.UP 22 AT 0403 who was driving the bus rashly and negligently hit the bye cycle of Gainda Singh due to which he suffered serious injury and while taking to hospital he died?

2) Whether the accident occurred due to the negligence of the deceased?

3) Whether the driver of the vehicle was having valid driving license and other documents and whether the vehicle was insured?

4) Whether the claimants are entitled to any compensation? if yes, then the quantum of compensation?

6. Learned Motor Accident Claim Tribunal, on the basis of the evidence recorded before it, came to a conclusion that the accident took place on 07.02.2018 at 8:30 a.m. due to rash and negligent driving of the offending vehicle and there was no negligence on behalf of the deceased. The issue no.1 and 2 was decided in favour of th