JUDGMENT - CHANDRACHUD D.Y. (Dr.), J.:---The question which arises before the Court in this first appeal lies within a narrow compass. The second to fourth respondents are the claimants before the Motor Accident Claims Tribunal whose claim has been allowed in the amount of Rs. 1 lac together with interest at the rate of 12% per annum. The accident in question took place on 25th November, 1981 at about 9.30 p.m. when the deceased was pulling a handcart from the West to East direction on Mesant Road, Sewri, Mumbai. The offending vehicle which was being driven by the first respondent came from behind and overran the handcart along with the deceased. The deceased was admitted to hospital at 9.35 p.m. and had received a number of injuries including a head injury, injuries in the chest and a bronchial tear. He expired on 16th December, 1981 at 4.50 p.m. The motor vehicle in question bore registration No. MTT 3227.

2. The defence of the insurance company which is the appellant before the Court is that there was no valid contract of insurance. The facts on the basis of which this defence has been set up are admitted and are thus:

The policy of insurance was issued on 14th October, 1981 vali

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