1. - The instant appeal has been filed by the The instant appeal ha been filed by the appellant-Insurance Company under Section 173 of the Motor Vehicles Act, 1988 against the award dated 01.04.2009. passed by Motor Accident Claims Tribunal, Chittorgarh and prayed that the award impugned against the appellant may be quashed

2. Learned counsel appearing on behalf of the Insurance Company submits that while deciding issue No. 1, the Claim Tribunal gave finding that Insurance Company is not liable to pay the compensation and the owner of the truck is held respondents for compensation but the Insurance Company has been directed to first pall the amount of compensation to claimants, then, recover the amount of compensation from the truck owner.

3. Learned counsel for the appellant-Insurance Company vehemently argued that as per fact, a cheque was issued on 29.11.2003. by the truck owner, upon which the cover-note was issued for insuring the vehicle in question, but on 08.12.2003. the cheque for premium given by the truck owner was dishonoured by the bank and therefore, a letter was dispatched to the truck owner the by Insurance Company on 09.12.2003. stating therein that his vehi