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1997 Supreme(MP) 84

D.P.S.CHAUHAN
United India Insurance Co. Ltd. – Appellant
Versus
Tulsi Bai – Respondent


Advocates:
Ruprah for applicant.

ORDER

1. The present revision-application is directed against the order dated 18.10.1996 passed in Claim Case No. 82/95, by the 7th Additional Motor Accidents Claims Tribunal, Raipur.

2. Heard the learned counsel for the applicant.

3. The revision involves the question of law and is being accordingly disposed of finally at the motion stage with the consent of the learned counsel for the applicant.

4. The question for consideration as formulated by the learned counsel is as:

"Whether the policy or the certificate of insurance to be operative with effect from the time when the insurance of the vehicle was obtained and whether the order in question suffers from illegality?" Detailed facts' for determination of this question are not 'necessary except the facts which may have peripheral relevance. One Dhannumal met with an accident with Hero Honda No. MP-23-F/4634 as a result whereof he died on the spot. According to the applicant the accident took place on 9.9.1993 at 12.30 p.m. and the premium for insurance was paid the same date subsequently on 3.50 p.m.

5. The Claims Tribunal under no fault liability clause gave an award u/s. 140 of the Motor Vehicles Act, 1988 (for brievity hereinafter r













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