Biplab Nayak vs Registrar, BPUT And Others

Arindam Sinha, J

Further hearing takes place today. Ms. Mishra, learned advocate appears on behalf of the insurance company and relies on several judgments of the Supreme Court. They are as under.

(i) New India Assurance Co. Ltd. v. Ram Dayal, reported in (1990) 2 SCC 680, whereby the Supreme Court declared that the policy became effective from commencement date of the policy.

(ii) National Insurance Co. Ltd. v. Jikubhai Nathuji Dabhi, reported in (1997) 1 SCC 66, whereby it was found that the accident took place before renewal and, therefore, not covered under the policy.

(iii) New India Assurance Co. Ltd. v. Sita Bai (Smt.), reported in (1999) 7 SCC 575, whereby it was found that the motor vehicle policy commenced after the accident and, therefore, the claim was not covered.

(iv) New India Assurance Co. Ltd. v. Rakesh Talwar, reported in (2000) 9 SCC 229. The Supreme Court said the same thing regarding the insurance company as cannot be made liable for compensation on accident, when the policy was taken subsequent to the time of accident. She reiterates, the accident took place before commencement of the policy.

Mr. Acharya, learned advocate appears on behalf of petitioner and reiterates that the University in its counter, paragraph 8, has clearly admitted that consequence of the accident being hospitalization and amputation of his client’s right hand, is covered by the policy. He draws attention to additional affidavit dated 25th March 2022 filed by the insurance company disclosing memorandum of understanding dated 31st July, 2012, to be the policy, there was Buffer Sum Insured to be kept as reserve for the students, to meet expenses arising out of extreme medical cases only as per decision of competent authority of BPUT. The coverage was Rs.10 lakhs under entry H of the MoU. He submits, the decision was taken as reflected from paragraph 8 of the counter. There be direction for payment out of the buffer sum.

Mr. Mohanty, learned advocate appears on behalf of the University and submits, the intimation of accident was given long after expiry of coverage period.

Copy of counter filed by the University has been given to Ms. Mishra. The insurer is given liberty to file additional affidavit in dealing with, inter alia, paragraph 8 of the University’s counter. The affidavit will be accepted on adjourned date. Advance copies be served to petitioner and University.

List on 26th April, 2022.

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