BALIA, J. - (1.) THIS appeal is against the order dt. 20. 2. 92 passed by Motor Accidents Claim Tribunal, Rai Singhnagar making an interim award under Sec. 92 of the Act, 1939.
(2.) THE appellant is owner of the vehicle. His only grievance is that the Tribunal while passing the interim award on the basis of no fault liability has stated that as per the policy produced in the court, the policy commenced from 31. 10. 87 and the accident has taken place on 21. 10. 87, therefore, Insurance Company shall not be liable in respect of the accident, which has taken place prior to the commencing of the policy. His sole contention is that at the time of passing interim award, no such direction could have been given. Having carefully considered the contentions raised by the learned counsel for the parties and the scheme of Sec. 92-A and other provisions of the Motor Vehicles Act requiring Insurance of the Vehicle for covering various risks. I am of the opinion that the contention of the learned counsel for the appellant cannot be accepted. The primary liability in respect of damages arising as a result of injury caused by the use of vehicle rest with the owner and the Insurance Company is required to bear that liability as an indemnifier. It is inherent in the scheme of Insurance that the Insurance covers only that liability which occurs during the period when the policy is in force and not otherwise. Therefore no exception can be found with the direction of the Tribunal that Insurance Company cannot be made liable for liability under Sec. 92-A in respect of such an accident, which has occurred before the date on which the policy commenced. However, it is made clear that it will not preclude the appellant from getting himself indemnified against the liability under Sec. 92-A, from the Insurance Company if at any stage he is able to show that an Insurance policy was in fact in force on the date when the accident had occurred and to such indemnity he shall be entitled from the company whose policy was in force, if any, on the date of accident. With the aforesaid observation appeal is dismissed
(3.) THERE will be no order as to costs. .;