1 caf4792 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.4792 OF 2010 IN FIRST APPEAL ST.NO.31772 OF 2010 IFFCO Tokio General Insurance Co.Ltd ...Applicant vs. Pratibha Keshav Jadhav & Anr. ...Respondents Mr.Rahul Mehta i/b M/s.KMC Legal Venture for the applicant Mr.Y.M.Pendse for the respondent nos.1 & 2 CORAM : A.S.OKA,J. DATE : SEPTEMBER 19, 2011 P.C.: 1 Heard the learned counsel for the applicant. The applicant is the alleged insurer of the vehicle involved in the accident. The challenge is to the Judgment and Award made by the Tribunal under section 140 of the Motor Vehicles Act,1988 on 20th October 2008. The Award is in the sum of Rs. 25,000/-. The delay is of 687 days. The learned counsel for the applicant submitted that the cover note produced before the Tribunal is found to be fabricated and forged and therefore, the delay deserves to be condoned. 2 I have perused the application for condonation of delay. Impugned order was passed on 20th October 2008. In paragraph 3 of the application, it is stated that newly 2 caf4792 appointed Legal Manager of the applicant, joined employment in the year 2010 and on 22nd October 2010, he found the certified copy of the impugned order in the original claim file. Perusal of the application shows that there is hardly any explanation for the long delay from October 2008 to October 2010. As stated earlier, the impugned Award has been made on no fault liability claim. No case is made out for condoning such a long delay of 687 days. Accordingly, application is rejected. 3 Civil application no.4793 of 2010 does not survive and the same is disposed of. 4 It is made clear that all issues in the main claim application under section 166 of the Motor Vehicles Act,1988 including the contention of the applicant that the cover note is fabricated and forged are expressly kept open. The Tribunal shall decide all issues on its own merits without being influenced by the impugned Judgment and Award. 5 The amount deposited in this Court by the applicant shall be transferred to the concerned Tribunal. JUDGE