D.S. Tewatia, M.R. Agnihotri, JJ. - (1.) THIS appeal filed by the owner/partners of the offending truck against the award dated 24th May, 1986, of the Motor Accidents Claims Tribunal is entertained only against Respondent No. 9, i.e. the New India Assurance Company. The Tribunal had held that there being no Insurance Policy coverage -The Insurance policy in question having been obtained though on the date of the accident itself but after the happening of the accident in question the Insurance Company Respondent No. 9 is not liable to reimburse the insured of the amount of damages awarded by the Tribunal. This Part of the award is palpably erroneous The matter is squarely covered by the ratio of this Court's judgment in Maya Devi v. Hoob Raj, (1986) 90 P. L. R. 131, Gokal Chand Mital, J., who decided this case after relying on the decision in Jaikrishandas v. Chiruthar Ammal : 1984 A. C J. 530 and United India Fire and General Insurance Company Ltd, v. Srinivsan : 1980 A. C. J. 413 had held that if Insurance policy is obtained on the date of the accident, it would be operative from previous midnight and therefore the company would be liable, with respect, we agree with the above view.
(2.) IN view of this, the appeal is allowed and the award is modified to the extent indicated above. Respondent No. 9 the New India Assurance Company, shall be liable to pay the entire amount. No order as to costs.;