1 46-fast.12315.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (stamp) NO. 12315 OF 2011 United India Insurance Company Limited. ... Appellant Versus 1 Asif Zamir Khan. 2 Ankar Rehman. ... Respondents ----- Mr. Amol Gatne for the Applicant. ----- CORAM : A.S.OKA, J. DATE : 24 th August, 2011. P.C. 1 The Appellant is the Insurer of the offending vehicle involved in the accident. The challenge in this Appeal is to an award made on a claim petition filed by the Respondent No.1 under Section 166 of the Motor Vehicles Act, 1988. An award has been made in the sum of Rs.72,000/- (inclusive of no fault liability) with interest at the rate of 6% per annum. 2 The submission of the learned counsel appearing for the 2 46-fast.12315.11 Appellant is that except for information supplied by the RTO in the form of a certificate at Exhibit – 12, there was no evidence adduced by the claimants to prove that on the date of the accident, the offending vehicle was insured with the Appellant. He relied upon a decision of this Court in the case of United India Insurance Co. Ltd. Versus Zaverben Harilal Dedhia and others [2009 (Supp.) Bom.C.R. 1054]. 3 I have given careful consideration to the submissions. In the case of United India Insurance Company Limited (supra), this Court declined to hold the Insurer liable only on the basis of the record of the RTO as in the said case the Insurer examined its officer before the Tribunal for showing that though the vehicle concerned was earlier insured with the said Insurer, on the date of the accident, there was no insurance. 4 In the facts of the present case, the RTO record produced on record of the Tribunal shows the policy number, validity period and engine number of the offending vehicle. The Appellant did not adduce 3 46-fast.12315.11 any evidence to show that the policy number set out in the RTO record was not of the policy issued by the Appellant. A junior clerk working in the RTO office was examined by the claimants for proving the document at Exhibit – 12. 5 As the Appellant did not examine any witness and did not produce any material to show that the policy number on the record of the RTO was incorrect, no fault can be found with the impugned award holding the Appellant as liable. 6 The appeal is accordingly dismissed with no order as to costs. 7 A sum of Rs.25,000/- deposited by the Appellant in this Court shall be transfered to the concerned Tribunal. 8 Civil Application No.2800 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]