Vikash Mishra vs The Divisional Manager / Division ...
2021 Latest Caselaw 6453 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - C No. - 9123 of 2021
 

 
Petitioner :- Vikash Mishra
 
Respondent :- The Divisional Manager / Division In - Charge United India Insurance Company And Another
 
Counsel for Petitioner :- Ramesh Kumar Shukla
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Dinesh Pathak,J.

Heard learned counsel for the petitioner.

The cover note and policy at page 24 categorically show that commencement of the police is from 22.3.2017 at 4.44 pm. The policy nominee would be coming in vogue at the time when it is mentioned. Even from the reply at page 51, it is clear that the policy is subject to clearance of premium. Policy nowhere states that the Insurance Company and its officer has made policy to come into force at 4.45 to 22.3.2017. The accident has occurred on 24.3.2017 at 9.30 a.m. Agent is responsible for the same. The petitioner cannot be non-suited for the same. There is no disputed question of this fact.

Hence, we direct the officer to reconsider the case in the light of the Judgment of the Apex Court that a policy commences from the time it is mentioned in the policy and cover note. Cover note categorcialy mentions that vehicle was insured from the date inscribed in the same. The F.I.R. is also of 24.3.2017. In that view of the matter, we direct the respondent to reconsider the case of the petitioner within four weeks from today.

We are passing such ex-parte order as we are not directing anything against the Insurance Company and thus calling upon it here would be futile. The report of the Senior Branch Manager could have been acted upon. If the policy was issued back dated it is problem between the financing company and the Insurance Company.

Petitioner cannot be made suffer because of this.

In that view of the matter, the petition is disposed of with the aforesaid direction at this stage.

Order Date :- 18.6.2021

Ram Murti