IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3181 of 2003 (O&M) Date of decision: 17.09.2010 National Insurance Company Limited ....Appellant versus Gurbachan Kaur and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. L.M.Suri, Senior Advocate, with Mr. Neeraj Khanna, Advocate, for the appellant. None for the respondents. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J. (Oral) 1. The Insurance Company is in appeal challenging liability on the ground that at the relevant time of the accident there had been no policy of insurance. The policy of insurance bore the same date as the date of the accident itself. The policy did not specify the actual time of the commencement of the policy and, therefore, the Insurance Company led evidence to the effect that the policy was taken at 5 PM and that therefore, the policy must be taken as having commenced only subsequent to the time of accident which occurred at 10 AM on the same day. If the policy itself does not spell out the time of commencement and gives the expiry date to a particular date which will fall at the FAO No.3181 of 2003 (O&M) - 2 - midnight then it should only be taken that the policy commenced from the minute following the midnight on the date which the policy bears. A parole evidence to substitute such a presumption shall not be admitted, especially when there is no particular time mentioned even for the expiry of the term of the policy. 2. The Insurance Company will therefore become liable and the award casting liability on the insurer is, under the circumstances, justified and calls for no interference in appeal. The appeal is dismissed. (K.KANNAN) JUDGE 17.09.2010 sanjeev