- (1.) THIS appeal is at the instance of the Insurance Company and is directed against an award dated 6th August, 2007 passed by the Motor Accident Claims Tribunal and the Additional District Judge, Second Court, Nadia in MAC Case No. 234 of 2002 thereby allowing the application by awarding a compensation to the tune of Rs.1,89,000/- in favour of the claimants with a direction upon the National Insurance Company Limited, the insurer of the offending vehicle, to pay the said amount within 60 days from the date of the award with a stipulation that in case of default, the amount would carry interest at the rate of 8% per annum from the date of filing of the application.
(2.) BEING dissatisfied, the Insurance Company has come up with the present appeal. There is no dispute about the involvement of the offending vehicle and the fact that the victim died due to the said accident. Mr. Das, the learned Advocate appearing on behalf of the appellant, has not even disputed the amount assessed by the learned Tribunal. Mr. Das has, however, raised a pure question of law in support of the appeal.
(3.) ACCORDING to Mr. Das, in this case, the cheque issued by the owner of the vehicle for the purpose of insuring the vehicle at the relevant point of time having been dishonored, his client had no liability to make payment of the amount awarded by the learned Tribunal. To appreciate the question raised by Mr. Das, it will be profitable to refer to the following relevant dates: Date Incident 16th March, 2002 Cheque issued for the insurance of the vehicle. 19th March, 2002 Insurance commenced. 18th March, 2003 Last date of coverage of the insurer. 20th April, 2002 Date of accident. 4th April, 2004 Cheque dishonoured by the bank. 22nd April, 2002 Date of communication of the dishonour of the cheque by the Insurance Company to the insurer.;