A. K. PATNAIK, J.

( 1 ) THIS is an appeal under section 173 of the Motor Vehicles act, 1988 (for short, 'the Act') against the judgment dated 31. 3. 1997 of the Second motor Accidents Claims Tribunal (SD), berhampur, in M. A. C. No. 37 of 1995 (105 of 1994 ).

( 2 ) THE facts briefly are that on 11. 1. 94 at about 9. 30 a. m. the respondent No. 1, while going on a bicycle near Karahandha on Sukunda-Berhampur Road, met with an accident with the truck bearing registration no. ORG 9215 which was coming from berhampur side. Respondent No. 1 suffered some injury and filed a petition for compensation of Rs. 50,000 under section 166 of the Act which was numbered as M. A. C. Case No. 37 of 1995 (105 of 1994 ). In the said petition under section 166 of the Act, owner of the aforesaid truck (respondent no. 2) and the appellant were impleaded as opposite parties, respondent No. 2 did not contest the claim of respondent No. 1 and was set ex pane, while the appellant filed written statement and contested the claim of the respondent No. 1. One of the pleas taken by the appellant before the tribunal was that the insurance cover note for the truck bearing registration No. ORG 9215 was issued on 1