1 FA-695/1993 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.695 OF 1993 The New India Assurance Co. Ltd. ..Appellant. Vs. Arjun Kisan Konde and ors. ..Respondents. Mrs. Urmila Sanil, Advocate for the Petitioner. None for the Respondents. CORAM : A.S.OKA, J. DATE : 1st October, 2010. JUDGMENT :- 1 Heard the learned counsel appearing for the appellant. The appellant who is the insurer of the offending vehicle has challenged the Judgment and Award dated 12th July, 1993 in a claim petition under Section 140 of the Motor Vehicles Act,1988. By the impugned award, on the ground of no fault liability, compensation of Rs.25,000/- has been awarded to the first and second respondents. The only ground of challenge in this appeal is that according to the record of the appellant, the liability under the policy commenced from 2.05p.m. from 21st September, 1993 and the accident occured on 21st September, 1992 at 10.00a.m. The contention is that there was no valid policy at the time of accident. 2 The Tribunal has considered the decision of the 2 FA-695/1993 Apex Court in the case of New India Assurance Co Ltd. Vs. Ram Dayal and others reported in II (1990) ACC 90(SC) which holds that in such a case, the policy becomes operative from the previous midnight. Therefore, the Tribunal rightly held that the Appellant insurer was liable. In any event, considering the limited scope of adjudication in claim petition under Section 140 of the Motor Vehicles Act, 1988, no fault can be found with the Tribunal when the Appellant was held liable. There is no merit in the appeal and the same is dismissed. It is made clear that, if the main petition under Section 166 of the said Act is pending before the Tribunal, the same will be decided on its own merits without being influenced by the observations made in the impugned Judgment and Award and the confirmation thereof by this Court. The appellant will be entitled to refund of amount of Rs.12,500/- deposited in this court with the interest accrued thereon. JUDGE