( 1 ) THIS appeal is directed against judgement and award dated 27th February, 2006 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara, in Motor Accident Claims Petition No. 334 of 1995 by which the Tribunal awarded a sum of Rs. 46,600/- in favour of the original claimant and holding all the opponents including opponent No. 3 Insurance Company (the appellant herein) with the liability to pay the said sum of compensation together with interest at the rate of 9% per annum from the date of application and proportionate costs for the injuries caused to original claimant respondent No. 1 herein who sustained injuries in a motor vehicle accident caused by the rash and negligent driving of the truck owned by opponent No. 2 which is insured by the present appellant.

( 2 ) THE defence of the Insurance Company was that on the date of the accident i. e. 27. 1. 1995 the vehicle was not insured with the appellant Company because the cheque dated 20. 1. 1995 which the owner had given to the Insurance Company was dishonoured and the owner of the vehicle paid premium in cash on 30. 1. 1995 and therefore the appellant Insurance Company issued the policy effective for the p