Full Judgment Text
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PETITIONER:
M/S. NATIONAL INSURANCE CO. LTD.
Vs.
RESPONDENT:
SMT. JIJUBHAI NATHUJI DABHI & ORS.
DATE OF JUDGMENT: 20/11/1996
BENCH:
K. RAMASWAMY, G.T. NANAVATI, K. VENKATASWAMI
ACT:
HEADNOTE:
JUDGMENT:
THE 20TH DAY OF NOVEMBER, 1996
Present;
Hon’ble Mr. Justice K.Ramaswamy
Hon’ble Mr. Justice G.T.Nanavati
Hon’ble Mr. Justice K. Venkataswami
Jitender Sharma, Sr. Adv., Mrs. Gunwant Dara, Ms.
Minakshi Vij. P.Gaur, Advs. with him for the appellant
H.A.Raichura, Adv. for the respondent in C.A.No.2671/91
O R D E R
The following order of the Court was delivered:
This appeal by special leave is confined to the
question as to whether the accident had occurred during the
operation of the insurance policy in controversy. The
admitted position is that the renewal of the insurance was
effected as under:
Address; Jal Apartment, .......Pd.
Vile Parle (N) Bombay 5.
It is hereby understood and agreed
that the renewal premium of Rs.
1307/- only under this Policy
having been paid on 25.10.1983 and
not within the renewal date viz.
14.10.1983 the Insurance by this
Policy is suspended from 14.10.1983
(4 p.m) to 24.10.1983.
Further, it is declared and agreed
that the cover under this Policy is
reinstated and renewed for a
further period of twelve months
from 25.10.1983 to 24.10.1984 at a
premium of Rs.1307/-.
The Tribunal also had recorded, as a fact, that on
October 25, 1983 at 4.00 p.m., the contract of renewal had
come into force and it would be operative upto October 24,
1984. The Tribunal also recorded, as a fact, that the
accident had occurred on October 25, 1983 at 11.14 a.m.,
that is , before the renewal of the contract. Under these
circumstances, it would be clear that the accident had
occurred when the renewal had not taken effect.
This Court in New India Assurance Co. vs. Ram Dayal
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[(1990) 2 SCR 570] had held that in the absence of any
specific time mentioned in that behalf, that contract would
be operative from the mid-night of the day be operation of
provisions of the General Clauses Act. But in view of the
special contract mentioned in the insurance policy, namely,
it would be operative from 4.00 p.m. on October 25, 1983 and
the accident had occurred earlier thereto, the insurance
coverage would not enable the claimant to seek recovery of
the amount from the appellant-Company.
The appeal is accordingly allowed only to the above
extent. In respect of any claim against the owner, the
respondent is at liberty to have it recovered. No costs.