: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.470 OF 2008 CIVIL APPLICATION NO.470 OF 2008 CIVIL APPLICATION NO.470 OF 2008 IN IN IN FIRST APPEAL (ST.) NO.2268 OF 2008 FIRST APPEAL (ST.) NO.2268 OF 2008 FIRST APPEAL (ST.) NO.2268 OF 2008 New India Assurance Co. Ltd., Raigad ...Applicant V/s. Devki Dehu Lachake & Ors. ...Respondents Mr.V.N. Sagare, Advocate, for the Applicant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 4TH FEBRUARY, 2008. DATE : 4TH FEBRUARY, 2008. DATE : 4TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard learned Advocate for the applicant. Applicant is the insurer of the vehicle involved in the accident. The contention of the learned Advocate for the applicant is that the cheque issued by the insured towards premium has been dishonoured and therefore the applicant is not liable. He, therefore, seeks stay. 2. Perusal of the impugned Judgment of the Tribunal shows that this contention was not raised before the Tribunal. In fact, the only contention raised before the Tribunal was that the insurance of the vehicle could not be verified. It was also contended that the applicant was not sure whether the driver of the bus was having a valid driving license. : 2 : 3. The applicant has not led any evidence and an altogether a new contention is sought to be raised in the Appeal. The impugned Judgment arises out of a claim on account of fatal accident filed by the widow of the deceased and minor daughters of the deceased. Hence, no case is made out for grant of stay. Hence Application is rejected. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]