AKIL ABDUL HAMID KURESHI, J.

1. This appeal is filed by the Insurance company to challenge the judgment and award of the MACT, Sabarkantha in MACP No. 160/1989. Brief facts are as under:

1.1. An accident took place on 10.3.1984 between an ambassador car insured by National Insurance Company Ltd., appellant herein, and a tractor trolley insured by the Union of India Insurance Company Ltd., opponent No. 6 herein. In such accident one of the passengers of the car namely, one Shankar Chunilal Pandit received fatal injuries. His legal heirs therefore, filed the said claim petition seeking compensation of Rs. 10 lacs from the drivers, owners and insurers of both the vehicles involved in the accident. Before the Claims Tribunal, the appellant Insurance company took two main defences. Firstly, that the insurance of ambassador car was taken by the owner by issuing cheque of Rs. 1317/- dated 19.1.1984, pursuant to which the Insurance cover note (Exh. 113) was issued. However, upon presentation to the bank, such cheque bounced on or around 9.2.1984 and that therefore, the insurance was cancelled under an intimation to the owner dated 12.3.1984. According to the Insurance company, ther