SUDHIR NARAIN, J. - (1.) THIS appeal is directed against the award of the Motor Accident Claims Tribunal dated 27-8-2001 awarding Rs. 3,00,000/- as compensation to the claimant-respondents.
(2.) THE claim petition was filed by the claimant-respondents with the allegations that on 13-1-1999 Priyank Dubey alongwith Om Prakash Sharma and Vinay Kumar Shukla was going on foot from Ajitmal to Raharpur at about 11.15 a.m. and when he reached near the Police Station Ajitmal, Truck No. UAN 9514 dashed against him, with the result he sustained severe injuries resulting in his death. Sri Manish Goyal, learned Counsel for the appellant has assailed the order of the Tribunal on the ground that the accident had taken place on 13-1-1999 and prior to it the policy having been cancelled, the appellant was not liable to indemnify the insured under the provisions of Section 149 of the Motor Vehicles Act,1988 (in short the Act).
(3.) BRIEFLY , the facts are that the owner of the vehicle gave a cheque dated 3-10-1998 for insurance of the vehicle in question. On 9-10-1998 the cover note was issued to him by the appellant. The cheque issued by the insured was bounced on account of the funds being insufficient. The appellant is alleged to have sent a letter dated 13-10-1998 intimating to him that as the cheque has been bounced, the insurance policy is being canceled and it does not cover any risk and asked the insured to return the cover note. The accident took place on 13-1-1999.;