IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.288 of 2002 ORIENTAL INSURANCE COMPANY LTD. Darbhanga Branch through Sri V.K. SINHA, Dy. Manager, Regional Office Pir Mohani Kadam Kuan, Patna. ----- (Opposite Party no2.)---- Appellant Versus 1. CHANDRA KESHAR DEVI, wife of Rishikesh Lal Resident of Mohalla Dumaria, P.S.Kishanganj, District – Kishanganj. ------Claimant. 2. Sri Chandra Bhushan Singh, son of Sri Ram Prakash Singh, resident of Mohalla Bara pathar District – Samastipur. -------(Owner)----Respondents. ------- For the appellant : Mr. Ashok Priyadarshi, Adv. For the respondent no.2 : Mr. Pushkar Narain Shahi,Adv. Mr. Ravi Kumar, Adv. Mr. Sanjeet Kumar Singh, Adv. Mr. Madan Kumar, Adv. ****** 07. 23.07.2010 Heard learned counsel for the appellant and respondent no.2, the owner. None appeared on behalf of respondent no.1 claimant. This appeal has been preferred against judgment dated 12.04.2002 passed by Additional District Judge, Kishanganj, cum Motor Vehicles Claims Tribunal, in Claim Case No.71 of 1992, awarding a sum of Rs. 96,700/- with interest to the claimants against death of their only son Ashok Kumar aged about 27 years who died in a road accident on 04.05.1992 at 10 P.M. The vehicle involved was a Bus bearing Registration No. WB73-0037. - 2 - The only point raised against finding of the court below by learned counsel for the appellant is that at the relevant time vehicle in question was not insured. It is admitted fact that prior to date of accident the vehicle was in question was insured, premium against policy was paid by owner respondent no.2 through account payee cheque which was dishonoured due to insufficiency of fund in the account, notice was given to the owner to this effect. In response thereof, the owner respondent no.2 made deficit good by depositing the premium in cash. This was the reason behind the submissions that there was no contract between the insurer and insured due to lack of payment of premium at the relevant time. In reply, learned counsel representing the owner respondent no.2 pointed out that the policy issued before accident was never cancelled rather he was intimated about dishonouring of the cheque and asked to pay the amount, in response, it was paid and original policy issued is deemed revalidated and it also bears - 3 - endorsement of appellant company. On going through copy of the policy, the learned counsel representing the appellant fairly concedes that in face of such revalidation of the policy issued before accident and effective till much thereafter he has nothing to support the appeal. Accordingly, this appeal stands dismissed. The amount of award, if remained unpaid, must be paid within a month with entire interest till the date of realization as ordered by the Claim Tribunal. The statutory amount of Rs. 25,000/- deposited in the appeal be transmitted to the court below through a demand draft in the name of the claimant towards payment of compensation. Rajeev/ (Akhilesh Chandra, J.)