1997 (12) TMI 664

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..... C.J. 1. This appeal by the insurer involves for decision only a short point relating to its liability under the policy of insurance issued subsequent to the accident even though it was issued some time later on the same day. The Tribunal as well as the High Court have held against the insurer placing reliance on the two-Judge Bench decision of this Court in New India Assurance Co. Ltd. v. Ra .....

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..... decision show that the time of issuance of the Policy was not mentioned therein and the question, therefore, was of presumption when the date alone was mentioned and not the time at which the insurance was to become effective on that date. In such a situation, it was held in Ram Dayal's case (supra) that in the absence of any specific time being mentioned, the logical inference to draw was tha .....

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..... 147 , wherein Ram Dhyal's case (supra) was distinguished on the same basis. 3. It follows that the insurer cannot be held liable on the basis of the above policy in the present case and, therefore, the liability has to be of the owner of the vehicle. However, we find the High Court, without assigning any reason, has simply assumed that the owner of the vehicle was not liable and that the in .....

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