1 fa329.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.329 OF 2003 Divisional Controller, Karnataka State Road Transport Corporation, Belgaum Depot, Belgaum ...Appellant vs. Pyaranbik Yusuf Naik ...Respondent Mr.C.M.Lokesh i/b Mr.G.S.Hegde for the appellant None for the respondent CORAM :A.S.OKA,J. DATE : NOVEMBER 24,2010 P.C. 1 Heard the learned counsel for the appellant. The challenge in this appeal is to the Award made on application under section 140 of the Motor Vehicles Act, 1988. The Award is made on account of no fault liability. The finding of the Tribunal is that the FIR and spot panchnama show the involvement of the bus of the appellant in the accident. Disability certificate is also produced. 2 The submission of the learned counsel for the appellant is that the accident was a hit and run accident and the FIR is registered belatedly by falsely implicating the driver of the bus of the appellant. The aforesaid submission is not open considering the scope of the proceedings under section 140 of the said Act. The relevant documents such as FIR and spot panchanama were produced to show the involvement of the bus of the 2 fa329.sxw appellant. Moreover, the stay granted by this Court stands vacated more than six years back. Considering the scope of adjudication under section 140 of the said Act, no fault can be found with the impugned order. Appeal is dismissed. 3 However, all contentions of the appellant in the main claim petition under section 166 of the Motor Vehicles Act,1988, if the same is pending, are kept open and the main claim petition will be decided uninfluenced by the impugned Award and the confirmation thereof. 4 It will be open for the appellant to withdraw a sum of Rs.12,500/- deposited in this Court with interest accrued thereon. JUDGE