JUDGMENT : Hon'ble Dr. Kaushal Jayendra Thaker, J. 1.By way of this appeal the appellant has challenged the judgment and award dated 30.3.1987 passed by Shri Nanak Chandra Harit, Additional District Judge, Motor Accident Claims Tribunal, Devariya in M.A.C.P. No. 75 of 1985. 2. The main point was that the policy was no more on the date of incident as the check issued by the owner was returned and this fact was intimated to the court and thereafter the owner deposited cash and therefore his insurance would be from the date when the cash is deposited. The accident took place during this interregnum period, therefore, insurance company is not liable. 3. Learned counsel for the appellant heavily placed reliance on this fact. However, this fact is not moved by any pleading and cogent evidence. The finding to the contrary can not be given in absence of any cogent reason before the tribunal. This ground does not seem to be forming part of the order. 4. It is raised in this appeal the position of the Apex Court reference may be made to the ratios laid down in the cases of Deddappa v/s National Insurance Com. Ltd., reported in (2008) 2 SCC 595 = AIR 2008 SC 767 = 2007 AIR SCW 7948 and United India Insurance Com. Ltd v/s Laxmamma, reported in 2012 ACJ 1307 (SC). In both these judgments, it has been held that when cheque given for payment of premium of policy, is dishonoured and on that count Insurance Company cancels the policy by intimating the insured of such dishonour of cheque before the date of accident, then in such situation Insurance company cannot be held liable to pay amount of compensation but if insurer fails to intimate the insured about such dishonour and cancellation of policy before the date of accident, then in such situation insurer is held liable to pay amount of compensation and Insurance Company may prosecute its remedy to recover the amount paid to the claimants from the insurer. 5. In light of this fact, it is not proved whether appropriate intimation was given to the owner. However if it is proved let intimation be given to dis-honour of check. The insurance company will be at liberty to prosecute its remedy to recover the amount paid to the claimant by the insurer to this accident. This appeal is party allowed.