IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O. No. 1623 of 2010 (O&M) Date of Decision: 30.3.2010 Bijender and another ....Appellants Versus ICICI Lambard and others ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Kuldeep Singh, Advocate for Mr. G.S. Hooda, Advocate for the appellants. RAJESH BINDAL, J **** Challenge in the present appeal is to the award of Motor Accident Claims Tribunal, by the owner and driver of the vehicle whereby the Tribunal has fastened the liability on them and absolved the Insurance Company of its liability on account of the fact that the cheque issued for payment of premium to the Company was dis-honoured. Learned counsel for the appellants submitted that infact the appellant No. 2 Rajvinder Singh the owner of the vehicle had given a sum of Rs. 21,900/- in cash to one Ashok Madan (RW2) who in turn had handed over the amount to Gaurav Pal, Sales Manager of the Insurance Company and Nalin Antil, Agent of the Insurance Company. However, they instead of depositing the amount in cash with the company issued some cheque which ultimately was dis- honoured. On that account the appellants cannot be burdened with the liability as appellant No. 2 had infact paid the amount. After hearing learned counsel for the appellants, I do not find any merit in the submissions made. The fact that the cheque issued for payment of premium to the company was dis-honoured, meaning thereby the company did not receive any amount to insure the vehicle. Incase any amount had been paid by the appellant No. 2 in cash to Nalin Antil or any other person that is a matter in dispute between the appellants and the persons to whom the amount was allegedly paid. The Insurance company does not step in that. Accordingly, I do not find any merit in the present appeal and the same is dismissed. (RAJESH BINDAL) 30.3.2010 JUDGE Reema