1. The only point involved in this case is with respect to the liability of the Insurance Company- Appellant to pay the award amount under Section 140 of the Motor Vehicles Act 1988. We have heard learned counsel for the parties and perused the file and find that the appellant-Insurance Company had in clear and categorical term informed the Tribunal that in the absence of policy particulars it was not in a position to admit or deny the factum of insurance. In the absence of such stand of the appellant it was incumbent upon the Tribunal to have compelled the owner of the vehicle to furnish the policy particulars so that the appellant could have admitted or denied the factum of insurance. The Tribunal did not do so. The owner did not furnish the policy particulars. An Insurance Company, merely by the fact of its impleadment as a respondent in a claim petition can not be fastened with the liability of satisfying the award because the sine quo non of the liability of an insurer to pay the award amount is the undisputed fact of the vehicle involved in the accident being insured with it as on date of the accident. Unless either the Insurance Company admits the factum of insurance or