1 fast13101-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION FIRST APPEAL ST. NO. 13101 OF 2011 ALONGWITH CIVIL APPLICATION NO. 2575 OF 2011 IFFCO Tokio General Insurance Company Ltd. .. Appellant V/s. Smt. Anupama Ramakrishna Pednekar & Ors. .. Respondents .... Mr. Rahul Mehta i/b. K.M.C. Legal Venture for the appellant. .... CORAM : A.S.OKA, J. DATE : JULY 11, 2011. P.C.: The challenge by the appellant-insurer is to an Award made under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the said Act”). Statutory compensation of Rs.50,000/- has been granted. 2. The contention of the appellant is that the cover note filed before the Tribunal is fraudulent in as much as there was FIR filed in the year 2008 stating that the cover note book containing the said cover note has been misplaced in a train. 2 fast13101-11 3. In a claim application filed in the year 2009, the impugned order has been passed on 22nd February, 2010. The appellant did not appear before the Tribunal and failed to raise aforesaid contention. Therefore, no fault can be found with the impugned Judgment and Award. Appeal is accordingly dismissed. However, it is made clear that all defences of the appellant including the aforesaid defence remains open in the main claim application under Section 166 of the said Act. Subject to clarification made above, Appeal is dismissed. 4. Civil Application No.2575 of 2011 does not survive and the same is disposed of. 5. Statutory amount under Section 173 of the Motor Vehicles Act, 1988 be refunded to the appellant. (A.S.OKA, J.)