1 FA 76/2011 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 76 OF 2011 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. A.S. Vidyarthi for the appellant. Mr. T.J. Mendon for respondent nos.1 to 6. CORAM : D.G. KARNIK, J. DATE : 19TH JANUARY 2011 P.C. : 1. This is an appeal filed against the order passed under section 140 of the Motor Vehicles Act. The only issue that is urged before me by the appellant – insurance company is that the cheque of premium was dishonoured and hence the insurance policy was cancelled and it is not liable. 2. No proof of the cancellation of the policy was produced before the Tribunal. The 2 FA 76/2011 dishonour of cheque would give rise to a right to the appellant to recover the money of dishonoured negotiable instrument. Unless the contract of insurance was validly cancelled, the insurance company would continue to be liable under it. I am fortified in my view by a decision of the Supreme Court in Oriental Insurance Co. Ltd. v. Inderjit Kaur, 1998 ACJ 123. In view of this, there is no merit in the appeal which is hereby dismissed summarily. (D.G. KARNIK, J.)