2009 (4) TMI 1034

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..... 1. Leave granted. 2. Challenge in this appeal is to the order passed by a learned single Judge of the Allahabad High Court dismissing the appeal filed by the present appellant under Section 173 of the Motor Vehicle Act, 1988 (in short the 'Act'). 3. The factual position is almost undisputed and the only dispute relates to the date of commencement of the policy i.e. the date from .....

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..... was issued on 28/5/1996. A copy of the policy was brought on record. Relevant portion thereof reads as follows: Effective date of commencement of insurance for the purpose of the Act, from 0' clock on (date) 29.5.1996 to midnight of 28.5.1997. 5. A three Judge Bench of this Court in New India Assurance Co. Ltd. v. Sita Bai (Smt. ) and Ors. AIR1999SC3577 inter alia observed as follows: .....

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..... ous midnight, when bought during the day following, but in cases where there is a mention of the specific time for the purchase of the policy, then a special contract comes into being and the policy becomes effective from the time mentioned in the cover note/the policy itself. The judgment in Jikubhai case has been subsequently followed in Oriental Insurance Co. Ltd. v. Sunita Rathi AIR1997SC4228 .....

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