By the Court.—The main question involved in this appeal, is whether in the circumstances of the case-when cheque was dishonored and information was sent though not served-the insurance company is liable to indemnify the owner.

THE FACTS

2. Late Sri Lalit Kumar Singh (the Deceased) alongwith Sri Ishwar Singh and Shabbir were going on a motor-cycle on 20.11.1990 from Meerut to Bagpat. At about 13.30 hours, truck No. RNB-6447 (the Truck) hit the motor-cycle from behind. In this accident the Deceased and Sri Ishwar Singh received fatal injuries; Sri Shabbir received some injuries.

3. The widow and children of the Deceased (the Claimants) filed a claim petition No. 14/1991.

4. The Owners of the Truck promptly filed their written statement. They denied the accident but in the alternative pleaded that there was no negligence on part of their driver.

5. The National Insurance Company Ltd. (the Company) filed their written statement alleging that:

The Truck was insured from 24.11.1990 to 23.11.1991;

It was not insured on 20.11.1990 namely, the date of the accident;

The Company is not liable to pay compensation; and

In any case the driver of the Truck was not negligent.

6. The Claimants examined the following witnesses:

(i) Smt. Raj Kumari (PW-1) the widow of the Deceased;

(ii) Sri Manoj Kumar Singh (PW-2); an eye witness;

(iii) Sri A.K.Shukla (PW-3); The senior clerk, Fisheries Department, Meerut Division Meerut.

7. Amongst others, the Claimants filed the following documents:

Certified copy of FIR dated 20.11.1990 P.S. Baghpat case Cr. No. 326/90 (paper No. 22Ga);

Certified copy of spot inspection by IO in case cr. No. 326/90, PS Baghpat (paper No. 23Ga);

Certified copy of charge-sheet under Section 379/337/338/427/304-A IPC, P.S. Baghpat in case cr. No. 326/90 (paper No. 24Ga);

Certified copy of inspection (technical) of vehicle No. RNB 6447 dated 23.11.1990 (paper No. 25Ga);

Certified copy of post mortem report of Deceased Lalit Kishore Singh (paper No. 26Ga);

Attested true copy of HS examination certificate of Lalit Kishore Singh (paper No. 27Ga);

Attested true copy of intermediate exam. Certificate of Lalit Kishore Singh (paper No. 28Ga);

Attested true copy of Bsc. Eams. Degree of Lalit Kishore Singh 1977 (paper No. 29Ga)

Attested true copy of Provi. Degree of Msc of Lalit Kishore Singh 1979 (paper No. 30Ga);

Pay certificate of Lalit Kishore Singh dt. 27.11.1991 (paper No. 31Ga).

8. The Owners examined Sri Satya Prakash (DW-1) and filed cover note No. 685043 dated 22.10.1990.

9. The Company did not examine any witness but amongst others filed the following documents;

True copy of the original policy No. 354002/6302299/90 27.12.1990 (paper No. 35Ga);

Certified photo-copy of cover note No. 0622604 dated 26.11.1990(paper No. 63Ga);

Certified photo-copy of regd. AD. letter dated 24.11.1990 (paper No. 64Ga);

True photo-copy of copy of envelope (paper No. 65Ga);

Certified photo-copy of cheque (paper No. 66Ga);

Certified photo-copy of return memo (paper No. 67 Ga);

Certified photo-copy of cheque Collection payment return address (paper No. 68Ga);

Certified photo-copy of dishonored cheque register No. 90 (paper No. 69Ga);

Certified photo-copy of cover note No. 0685043 dated 22.10.1990 (paper No. 70Ga);

Certified photo-copy of proposal form (paper No. 71Ga).

10. Some of the aforesaid documents are photo-copies but are certified to be true copies by the branch manager of the Company. They were neither denied nor challenged before the Tribunal or before us; they were accepted. It is on this footing that the case was argued before Tribunal as well as before us.

11. The claim petition was allowed by IXth Additional District Judge/Motor Accident Claims Tribunal, Meerut (the Tribunal) on 18.4.1998.

12. The Tribunal awarded a sum of Rs. 5,84,000/- with 12% interest from the date of filing of the claim petition. It was further provided that in case payment was not made within 60 days then the Claimants would be entitled to 15% interest. Hen