NATIONAL INSURANCE CO LTD Vs. BHADRAMMA

JUDGEMENT

(1.) ONE Govinda reddy a passenger in a BTS bus killed in an accident on 13-7-1994 at 11. 15 a. m. on account of the collision between BTS bus and the lorry. The wife and children of the deceased filed a petition seeking compensation and have filed an appeal seeking enhancement of compensation.

(2.) THE insurer has filed an appeal seeking avoidance of liability on the ground that there was no coverage of policy on the date of the accident. The policy issued is marked at Ex. R. 2 w. e. f. zero hours of 14-7-1994 to mid night of 13-7-1995. The insured had paid the premium amount of Rs. 1307/-on 13-7-1994. The ex. R. 1-receipt is issued by the insurer to that effect. The tribunal has awarded compensation of Rs. 312948/- with interest at 6% p. a. and directed the owner and insurer of the lorry to pay compensation. The occurrence of the accident and negligence of the lorry is not in dispute.

(3.) IN the context of the pleadings and evidence of the insurer, the precise question that arise for Consideration would be: i) Whether the risk of the insurer would commence from the time or the acceptance of premium or whether it commences from the time of issue of the policy/cover note ?