( 1 ) HEARD Sri A. K. Srivastava, learned counsel for the appellant and sri B. R. Sabharwal, learned counsel for the New India Assurance Co.

( 2 ) SPECIAL leave granted.

( 3 ) THE only question that arises in this appeal brought by the owner of the motor vehicle against the order dated 4/01/1990 of the High court of Allahabad in F. A. O. No. 257 of 1989 affirming the award dated 31/08/1988 of the Motor Accident Claims tribunal is whether the new India Assurance Company is liable, as insurer of the vehicle, to indemnify the appellant and satisfy the award made against the appellant.

( 4 ) RAIS Ahmad Ansari, respondent 1 herein, instituted a Motor accident Claim No. 15 of 1986 on the file tor the Motor Accident Claims tribunal (VI Additional District Judge) Kanpur Dehat, for compensation for the personal injuries suffered by him in an accident that occurred on 28/12/1985 involving appellants truck UP 2488. The proceedings culminated in an award in the sum of Rs. 30,000. 00 in favour of the injured Rais Ahmad Ansari. The tribunal, owing to a lapse on the part of the appellant in producing the requisite documentary evidence to sustain his claim for indemnity from the insurer, declined