A.K. Tripathi-II, J.;— Heard learned counsel for the petitioner as well as learned counsel for the respondents. This First Appeal From the Order has been filed by the Oriental Insurance Company against the award dated 24.10.2005 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.2, Unnao in Claim Petition No. 211 of 1999;Bal Kishan & Others Vs. Oriental Insurance Company & Others whereby the Court has allowed the Claim Petition and directed the Insurance Company to pay Rs.4,47,000/- as compensation along with 6% interest per annum from the date of presentation of the petition till actual pay. In the claim petition the respondent who was aged about 56 years alleged that on 4.9.1998 he was going to Unnao from his house on his Motor Cycle bearing number U.P. 35A 3863. When he reached near village Khumankheda, P.S. Mangi at about 10.15 a.m., a Jeep bearing number DL 2CC 9518 being driven rashly and negligently hit the claimant's motorcycle due to which he fell on the road and was crushed by the jeep, which fled away. Due to this accident, claimant received serious injuries and was admitted in District Hospital, Unnao. Later on, he was shifted to Madhuraj Nursing Home, Kanpur. After filing this claim petition, Insurance Company filed its written statement alleging that it is not possible for them to admit that the jeep was insured with them in absence of proposal form, insurance certificate, FIR shows that accident occurred on 4.9.1998 at about 10.15 A.M. And the vehicle was insured on 4.9.1998 from 10.00 A.M. Since the place of occurrence is 50 miles from the RTO Office. Hence it appears that the vehicle was not insured at the time of accident and later on after the accident the vehicle was insured in collusion of the agent and development officer and that is why FIR was lodged on 5.9.1999. It was also mentioned that in the written statement that the owner and Insurance Company of the Motor Vehicle have not been made party. The owner and driver of the vehicle was filed written statement alleged vehicle was insured with the Oriental Insurance Company on the date and time of the accident but no accident took place of his vehicle. It was also mentioned that in the written statement that the owner and Insurance Company of the Motor Vehicle have not been made party. The owner and driver of the vehicle was filed written statement alleged vehicle was insured with the Oriental Insurance Company on the date and time of the accident but no accident took place of his vehicle. The tribunal framed the following Issues: 1.) Whether an accident took place due to rash and negligence driving of the Vehicle D L 2 CC/9518 at about 10.15 A.M. in which claimant received insuries? 2.) Whether on the date and time of accident opposite party no.3 was not registered owner of the vehicle as has been stated in the written statement of opposite party no.3 ? 3.) Whether the vehicle was not insured by Oriental Insurance Company on the date and time of the accident as has been stated in the written statement of opposite party no.1 ? 4.) Whether the vehicle was being driven in contravention to the conditions of the insurance as has been stated in the written statement of opposite party no.1 ? 5.) What amount of Compensation is claimant entitled and form him ? In order to prove the claim, the claimant-Bal Krishna examined himself as P.W. 1, Sri Ratnesh Kumar as P.W.2 Ramnath Rawat as P.W.3. He has also filed disability certificate, injury report, income certificate. Insurance Company has examined D.W.1-Sri Yogesh Pandey, D.W.2-Rajchandra also submitted that investigating report opposite no.2 has filed photo copy of cover note of insurance certificate, photocopy of registration certificate, photocopy of FIR, photocopy of driving licence of Bal Krishan for motorcycle No. U.P. 35A 3863 and photocopy of driving licence of Iftiyar Khan's jeep. Learned tribunal has gone through the evidence and after hearing the parties, allowed the claim petition. We have heard learned counsel for the appellant, learned counsel for the respondents and learned Counsel for the opposite parties. The only point which was argued before us that jeep was not insured at the time of accident with the Insurance Company. Elaborating the argument, it was submitted that as per the cover note insurance was effective from 10.00 A.M. on 4.9.1998 and the accident occurred on 10.15 A.M. on 4.9.1998. The only point which was argued before us that jeep was not insured at the time of accident with the Insurance Company. Elaborating the argument, it was submitted that as per the cover note insurance was effective from 10.00 A.M. on 4.9.1998 and the accident occurred on 10.15 A.M. on 4.9.1998. According to him it is not possible because the formalities which were being observed in insuring the vehicle makes it impossible for the vehicle concerned to reach the place of accident on 10.15 AM as the distance between the Insurance Office and place of accident is 50 miles and the jeep cannot reach there within 15 minutes. Learned counsel has referred the statement of D.W. Yogesh Pandey, who was Assistant Manager in the Regional Office, Lucknow on 17.1.2002 he has stated that the Jeep was presented before Insurance Office on 4.9.1998 at 10.00 A.M so it is impossible to reach the place of accident at 10.15 A.M. He has further stated that at the time of physical inspection of vehicle, presence of jeep was essential. On the strength of this statement. It was argued that the vehicle was inspected or physically present in the office of the insurer at about 10.00 A.M. then the vehicle could not be involved in this accident at 10.15. A.M. We have carefully gone through the statement of DW. Specific question was asked to this witness that whether he has inspected the vehicle at the time of insurance, the witness kept mum and did not answer the question. From the side of Insurance Company no other witness was present to prove that the jeep was actually inspected by any officer or employee of the Insurance Company at about 10.00 A.M. on 4.9.1998. From the evidence recorded appellant has failed to prove that the jeep was physically present at the time 10.00 A.M. on 4.9.1998 in the premises of Insurance Company. If at all there was any collusion or fraud between employee and insured then this fact has to be specifically pleaded and proved by the Insurance Company but this has not been done. As the Insurance became effective from 10.00 A.M. on 4.9.1998 then the Insurance Company is liable to indemnify the owner for the accident which took place at 10.15 A.M. In view of above, the argument advanced by learned counsel for the Insurance Company. As the Insurance became effective from 10.00 A.M. on 4.9.1998 then the Insurance Company is liable to indemnify the owner for the accident which took place at 10.15 A.M. In view of above, the argument advanced by learned counsel for the Insurance Company. In view of this appeal is liable to be dismissed and is hereby by dismissed. There is no order as costs. Statutory deposit made in tribunal may be returned to the tribunal, not already sent book, in within a period of one month for disbursement in terms of award. _____________