By the Court.—Heard Sri Saurabh Srivastava, learned counsel for the appellant and Sri R.P. Dubey, learned counsel for the claimant.

2. List has been revised.

3. Other counsel appearing for the other private parties are not present.

4. The Motor Accidents Claims Tribunal, after considering the material available on record allowed the claim application and granted compensation of Rs. 5,01,600/- alongwith interest @ 9% p.a. to the claimants.

5. The brief facts are that, the deceased was traveling on a motor cycle which rammed into a tractor trolley which was insured by the appellant. The sole contention before this Court is, that the accident had occurred on 16.10.1994 and the proposal form was made on 17.10.1994. The cash towards premium was received on 17.10.1994 and the cover note was also issued on 17.10.1994 and accordingly the appellant was not liable to pay any compensation since the vehicle was not insured on the date of the accident i.e. 16.10.1994.

6. We find from the award of the Tribunal on Issue No. 6 and 10 that the agent of the insurance company had taken the premium from the owner of the the tractor trolley on 12.10.1994. We are of the opinion that since this f