1 37 caf.2651.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2651 OF 2011 IN FIRST APPEAL (stamp) NO. 13098 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Rahul Mehta i/b KMC Legal Venture for the Applicant. CORAM : A.S.OKA, J. DATE : 08 th August, 2011. P.C. . Heard the learned counsel appearing for the Applicant. 2 By the impugned judgment and order dated 1 st April, 2010, the claim application made by Respondent No.1 under Section 140 of the Motor Vehicles Act, 1988 has been allowed. The delay is of 220 days. 3 The contention of the Applicant is that a copy of the policy produced by Respondent No.1 was fabricated. In the impugned order, the learned Member of the Tribunal has observed that apart from contending that the policy is a fake policy, not 2 37 caf.2651.11 a single document has been produced by the Applicant. The scope of adjudication of claim petition under Section 140 of the said Act is limited. Considering the limited scope, the learned Member of the Tribunal appears to be right when in absence of any document produced by the Applicant, he rejected the contention raised by the Applicant and granted compensation of Rs.25,000/- on account of no fault liability. 4 Considering the fact that there is no merit in the appeal, there is no reason to condone the long delay of 220 days. Accordingly, the application is rejected. 5 However, it is made clear that if the main claim petition under Section 166 of the said Act is pending, it will be open for the Applicant to raise the same contentions in the main claim petition. The claim petition shall be decided on its own merits without being influenced by the impugned judgment and order and confirmation thereof by this Court. As the proceeding of the claim petition under Section 140 of the said Act is summary in nature, 3 37 caf.2651.11 the findings recorded therein will not bind the Tribunal in the petition under Section 166 of the said Act. 6 A sum of Rs.12,500/- deposited by the Applicant shall be refunded to the Applicant. 7 Civil Application No.2652 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]