NATIONAL INSURANCE COMPANY LTD. Vs. RUKSHANA AND ORS.

JUDGEMENT

(1.) The appellant-insurer has questioned the award dated 08.12.2005, passed by the Motor Accidents Claims Tribunal, Mandi, H.P., (hereinafter referred to as 'the Tribunal'), in Claim Petition No. 64 of 2001, whereby compensation to the tune of 4,32,000/- with interest @ 7.5% per annum from the date of filing of the claim petition, came to be awarded in favour of the claimants and the insurer--National Insurance Company was saddled with the liability, (hereinafter referred to as 'the impugned award').

(2.) The owner-insured, the driver of the offending vehicle and the claimants have not questioned the impugned award, on any count. Thus, it has attained finality, so far as it relates to them.

(3.) The appellant-insurer has questioned the impugned award on the ground that the insurer is not liable for the reason that the cheque in question had bounced and the insurance policy was not in force at the relevant point of time.