S.N.Pathak, J.

1. This Miscellaneous appeal is directed against the award given by the Claims Tribunal cum-Additional District Judge, II, Darbhanga, in Claim Case No. 14 of 1991. The Insurance Company is the appellant before this Court.

2. It was submitted by the appellants lawyer that on the date when the accident took place, i.e. 5th August, 1991, the Insurance Policy for the vehicle of the owner was already cancelled. Therefore, the Insurance Company was not liable for paying the compensation amount to the claimants for the death of Rama Shankar Tripathy, who was knocked down by Bus No. BPF 5051, when he was driving his scooter. The owner failed to examine himself as a witness in denial of the appellants assertion that his Insurance policy was cancelled before the date of accident. So the insurance Company was not liable to pay the compensation amount.

3. In this appeal, the appellant and the owner both were heard.

4. Admittedly, in this case, the accident took place on 5th August 1991. It was the contention of the appellant that, of course, the policy was issued by the Insurance Company on the basis of a cheque issued by the respondent no. 2 Vijay Shankar Pd. Singh for