NATIONAL INSURANCE COMPANY LIMITED Vs. JIKUBHAI NATHUJI DABHI

JUDGEMENT

(1.) 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 :

(2.) This Court in New India Assurance Co. v. Ram Dayal, 1990(2) SCR 570 : [1990(2) SCC 680], had held that in the absence of any specific time mentioned in that behalf, the contract would be operative from the mid-night of the day by 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.

(3.) 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.