CLX-IN-MOTOR-1996-000018
National Insurance Company Versus Jikubhai Nathuji Dabhi
Supreme Court of India · 20 November 1996
AllowedCore ratio / Key holding
Where an insurance policy specifies a particular time for its renewal to become operative, and an accident occurs before that specified time on the renewal date, the insurance coverage will not extend to that accident, overriding the general rule of operation from midnight.
Headnote
Motor Vehicles Act — Insurance Policy — Renewal — Operative Time
Issues for determination
- Whether the accident had occurred during the operation of the insurance policy in controversy?
Ratio decidendi
- Where an insurance policy specifies a particular time for its renewal to become operative, and an accident occurs before that specified time on the renewal date, the insurance coverage will not extend to that accident, overriding the general rule of operation from midnight.
Important points
- Held, the accident occurred before the insurance policy renewal took effect, thus the appellant-Company is not liable for the claim.
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