1/2 S.B.CIVIL MISC. APPEAL NO.306/1997 (National Insurance Co.Ltd. vs. Balu Devi & Ors.) DATE OF ORDER : 6/8/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Sanjeev Johari, for the appellant. This appeal by Insurance Company is directed against the award dated 10/1/1997 passed by the MACT, Jodhpur while deciding claim case no.241/98 (Balu Devi vs. Bhanwar Lal and others). The findings on issue no.3 have been challenged in the present appeal by the appellant Insurance Company on the ground that the date of commencement of insurance policy in question was 12/4/1991 whereas, the accident in question had taken place previous day i.e. 11/4/1991 at 8.00 pm. Upon perusal of the findings of learned Tribunal on the said issue no.3, it is revealed that learned Tribunal has found that though the date of commencement of insurance policy was 12/4/1991 but the cover note in question for the same insurance policy was issued on 11/4/1991 at 2.20 pm itself by the authorised agent of the insurance company. In view of this, learned Tribunal found that liability of 2/2 insurance company was w.e.f. 11/4/1991 from 2.20 pm and the accident in question having taken place at 8.00 pm in the same night, the insurance company was liable to pay the compensation in question. Having heard learned counsel and upon perusal of the findings of learned Tribunal, this Court is satisfied that the learned Tribunal has not committed any error in holding the insurance company liable to pay the compensation in question since the cover note in question was admittedly issued on 11/4/1991 at 2.20 pm itself and the accident took place after that and in view of this, the appellant insurance company cannot contend that the commencement of liability should be deemed to be from the date of commencement mentioned in the insurance policy. In view of this, there is no force in the present appeal and same is liable to be dismissed. Dismissed accordingly. (DR.VINEET KOTHARI), J. item no.7 baweja/-