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1. This appeal is directed against the judgment and award dated 3.8.96 passed by Motor Accidents Claims Tribunal No. 2, Udaipur (hereinafter for short 'the Tribunal') whereby the Tribunal awarded a compensation of Rs. 40,000 in favour of respondent-claimant and against the appellant and respondent Nos. 2 and 3 jointly and severally.

2. Being aggrieved by the impugned award, the appellant insurer has filed this appeal.

3. I have heard the learned Counsel for the parties. Perused the record.

4. The only point argued by the learned Counsel for the appellant is that the owner of the truck involved in the accident obtained the cover note in backdate without disclosing the material fact that the vehicle met with an accident. The appellant seeks exoneration from the liability only on this ground.

9. The appellant filed written statement before the Tribunal wherein it was pleaded that it appears from the cover note that the owner of the vehicle obtained the cover note from the backdate. It was pleaded that the amount of premium was received in the office of the appellant insurance company after 26.3.86 and, therefore, the said cover note is ab initio void. It was also pleaded that unless it is established by official receipt as to when the amount of premium against the said cover note was actually deposited in the office of the insurance company, the appellant would not be liable for compensation. The Tribunal framed issue Nos. 3, 4 and 5 on the basis of pleadings of the appellant. The appellant insurance company issued the insurance policy in respect of truck No. RSM 1099 vide Exh. 12 covering risk for the period w.e.f. 24.3.1986 to 23.3.1987. In the policy, the date of proposal is shown to be of 24.3.86 as also the cover note No. 375189 is shown to have been issued on 24.3.86. The commencement of the policy is also shown to be w.e.f. 24.3.1986. Undisputedly, the appellant has not cancelled the policy. There is no evidence on record to suggest that the appellant has made any correspondence with the owner of the vehicle with regard to the policy being obtained from backdate. Had the cover note been obtained after the accident from the backdate, there was no occasion for the appellant insurance company to have issued the policy for the period commencing from 24.3.1986 to 23.3.87. It appears that the insurance company has taken the plea of obtaining the cover note from the backdate only in order to avoid its liability for the compensation to the claimant. Even otherwise, the claimant being third party has acquired right to receive compensation from the appellant insurance company on issuance of the cover note Exh. 11 and the policy Exh. 12. In Oriental Insurance Co. Ltd. v. Inderjit Kaur 1998 ACJ 123 (SC), the Hon'ble Supreme Court held as under: