Rajesh Tandon, J.

1. Heard the learned Counsel for the parties.

2. Present appeal has been filed against the judgment and award dated 3.6.2002 passed by the Motor Accident Claims Tribunal, Tehri Garhwal.

3. Briefly stated the facts giving rise to the present appeal are that the respondent No. 1 filed a claim petition under Section 166-Aot MV Act for the grant of compensation on account of death of her husband in a motor vehicle accident on 27.6.2000 at 1.00 p.m. at Pilwa near village Kemaria Suar on Chamiala-Nageshwarsaur motor road involving bus No. UGY 8713. The petitioner alleged that the accident took place due to rash and negligent driving of the bus.

4. The respondents contested the claim. The owner of the vehicle has contended that the vehicle was comprehensively insured with the respondent No. 2, hence respondent No. 2 is liable to pay compensation.

5. Appellant Insurance Company has alleged that the cheque by which insurance premium was paid had been dishonoured by the Bank and it had been informed to the opposite party No. 1, the owner of the vehicle. The driver of the bus had no valid driving licence and the vehicle had no valid registration, fitness and permit.

6. On