KBP 1 ca4286-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NOS.4286 OF 2010 IN FIRST APPEAL [STAMP] NO.28457 OF 2010 (New India Assurance Vs. Mohan) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.D.S.Joshi, for applicant. CORAM : A.S.OKA, J. DATE : 26 th November, 2010 P.C. Heard learned counsel for the applicant. 2] Sufficient cause is made for condonation of delay. Application allowed. Delay Condoned. [ A.S. OKA, J.] KBP 2 ca4286-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION FIRST APPEAL [STAMP] NO.28455 OF 2010 (New India Assurance Vs. Mohan) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.D.S.Joshi, for appellant CORAM : A.S.OKA, J. DATE : 26 th November, 2010 P.C. Heard learned counsel for the appellant. 2] The challenge in this appeal is to an award made on account of no fault liability under Section 140 of the Motor Vehicles Act, 1988. The appellant is the insurer of the vehicle involved in the accident. The only contention raised in the appeal is that the cheque issued by the insurer towards premium was dishonoured and, therefore, the policy of insurance was cancelled before the date of the accident. 3] The claim petition under Section 140 of the said Act is a summary remedy. At this stage, there does not seem to be any dispute regarding the involvement of the vehicle in the accident and the fact that the policy was issued. From the judgment, it appears that no document was produced on record by the appellant to show that that the intimation of cancellation of policy was issued to the R.T.O. before the date of accident. There is no KBP 3 ca4286-10.sxw ground taken in the appeal that such a document was filed and was not considered. 4] In the circumstances, no interference can be made with the impugned award. Appeal is dismissed. 5] The statutory amount deposited by the appellant in this court shall be refunded to the appellant. It is made clear that it will be open for the appellant to lead evidence at the time of final hearing of the claim petition under Section 166 of the said Act for establishing the aforesaid defence. The Tribunal will decide the said claim petition on its own merits without being influenced by the impugned judgment and award and the confirmation thereof by this Court. In view of this, Civil Application No.4287 of 2010 does not survive and the same stands disposed of. [ A.S. OKA, J.]