P. K. SAMANTA, A. BOSE, JJ.

( 1 ) THE present appeal is against an award passed by Motor Accidents Claims Tribunal at alipore, Addl. District Judge, Fifth Court awarding a compensation of Rs. 1,69,500 to claimant whose husband died in a motor accident that took place on 3. 12. 1999. The offending vehicle was a bus operating on route No. 12c/1b. In the memorandum of appeal various grounds have been taken but the counsel appearing for the appellant insurance company has urged before us only one point, which according to him is a pure question of law. His case is that though the policy was issued to the owner of the bus, the cheque through which the premium was paid was subsequently dishonoured and hence insurance company ought to be absolved of its liability arising under the policy. Before the Claims Tribunal in the written statement, this point was not specifically taken at the initial stage but was introduced by way of additional written statement. This additional written statement comprises three paras which we reproduce below: (1) That in the 'written statement' in para 7, the opposite party No. 2 did not admit the coverage of insurance of the alleged vehicle No. WBS 2336, bus

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