F.A.O.NO. 1561 OF 1995 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 1561 OF 1995 Date of decision: 20th July, 2010 United India Insurance Co. Ltd. .......Appellant Versus Khayali Ram and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Harsh Aggarwal, Advocate, for the appellant. None for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. In this case, the point urged is that the policy was issued on 31.07.1993 at 6:10 p.m. Policy stated it would take effect from that time. The accident had taken place at 9:00 a.m on the same day. 2. This point as to when the policy must be taken to be effective has been answered by the Hon'ble Supreme Court in National Insurance Company v. Sobina Iakia and others (2007) SCC 786. It has been held that it will be effective only from the time stipulated in the policy for the insurance company. At the relevant time of the accident, there was no policy to make the insurer liable. F.A.O.NO. 1561 OF 1995 2 3. The award of the Tribunal is casting the liability on the insurer is set aside. However, if the amount has been paid by the insurer to the insured, the same shall be recovered only from the insured and not from the claimants. Therefore, the appeal is allowed. [K.KANNAN] JUDGE 20th July, 2010 Shivani Kaushik