11 At the risk of reputation, however, for the sake of the clarity it has to be stated that cheque issued by the owner of the lorry on 13.04.2007, was returned for insufficient funds on 17.04.2007 and in view of the dishonour of the cheque, the policy issued in favour of the lorry has been duly canceled by the Insurance Company and necessary communication to that effect has been issued to the owner of the lorry as well as to RTO under Ex.R3 and R4 and the same is served upon the lorry owner on 18.04.2007 while, the accident has taken place on 09.06.2007 and thus, applying the ratio of the Hon'ble Supreme Court reported in 2008 (6) MLJ 142, cited supra, this Court holds that appellant has proved the cancellation of a policy by communication of letter dated 18.04.2007 itself to the owner of the vehicle and since the policy of the Insurance was canceled on 18.04.2007 itself, there is no premium paid thereafter and taking note of the date of the accident being 09.06.2007 this Court has no hesitation to hold that on the date of the accident viz., 09.06.2007, there is no valid policy coverage for the offending vehicle belonging to the first respondent. Accordingly, the Insurance Company cannot be fastened with any liability and therefore, has to be exonerated from any liability.
