1 S.B.CIVIL MISC. APPEAL NO. 489/1997 (Tribhuwan Singh Vs. Ramesh Chandra) Date of Judgment : 09-09-2008 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Vinay Mathur, for the appellants. Mr.R.S.Rathore for Mr.S.C.Srivastava for respondents This appeal has been preferred by the injured Tribhuwan Singh against the award passed by learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 6.5.1997 on the ground that the Insurance Company has been exonerated from the liability of paying compensation. 2. As per the facts of the case, accident took place on 13.3.89 at about 6.20 AM when the injured was going on his scooter towards his factory and near Vishvakarma turn, he was dashed by a jeep No.RRG-6491 coming from opposite direction and sustained injuries in that accident. 3. The learned Tribunal after due enquiry, awarded a sum of Rs.1,81,658/- against the owner and driver of the vehicle and exonerated the Insurance Company, as per the finding on issue no.1 on the ground that the 2 vehicle was insured with the Insurance Company on 13.3.89 at 4.00 PM while the accident had already occurred in the morning and hence Insurance Company was not liable for compensation. 4. Learned counsel for the appellant- claimant has argued that the evidence of NAW-3 Rameshwar Prasad Gupta has not been appreciated by the learned Tribunal in right perspective as he had deposed before the learned Tribunal that Insurance Policy was though issued in regular course and date & time was mentioned on it but he could not explain in cross-examination as to why were the other forms were lying blank with policy and why the details of the policy on page no.1 were not carried out in said forms. 5. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has given a reasoned finding and that calls for no interference. It is further submitted that the learned Tribunal has rightly held 3 that company is not liable for compensation in the matter as the accident had taken place prior to issuance of policy. It is also submitted that policy was issued in regular course and there was no question of any manipulation afterwards. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the policy certificate Ex.A-5 is on record and same is carbon copy of the first copy issued in the matter and it shows that this certificate was prepared in regular course and there appears to be no manipulation with regard to the time. No evidence has been adduced during the inquiry on the point that there was some other cover note not mentioning the time of commencement of policy. 7. In view of above position, the law cited by the learned counsel for the appellant in New India Assurance Co. Ltd. Vs. RamDayal and ors. reported in 1990 ACJ 545 is not applicable in the case as the same pertains to the policy where no time was mentioned and thus it was held that policy commenced 4 in the mid night of the day for issuing the same. This aspect has been taken care of and rightly discussed by the learned Tribunal and there is no scope of interference in this regard. 8. Accordingly, appeal of the appellant is dismissed. (GUMAN SINGH),J. Srawat/- item no.H-5