PANWAR, J.

( 1 ) THIS appeal is directed against the judgment and award dated 3. 8. 96 passed by Motor Accidents Claims tribunal No. 2, Udaipur (hereinafter for short the Tribunal) whereby the Tribunal awarded a compensation of Rs. 40,000 in favour of respondent-claimant and against the appellant and respondent Nos. 2 and 3 jointly and severally.

( 2 ) BEING aggrieved by the impugned award, the appellant insurer has filed this appeal.

( 3 ) I have heard the learned counsel for the parties. Perused the record.

( 4 ) THE only point argued by the learned counsel for the appellant is that the owner of the truck involved in the accident obtained the cover note in backdate without disclosing the material fact that the vehicle met with an accident. The appellant seeks exoneration from the liability only on this ground.

( 5 ) BRIEF facts, which are relevant for the purpose of decision of this appeal are that on 26. 3. 1986 at about 9. 30 a. m. , the respondent-claimant was proceeding on his cycle from village Juntari to village karchha. At that relevant time, he was hit by a truck bearing No. RSM 1099 from behind, which was driven rashly and negligently by its driver, the resp