1 fa663 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.663 OF 1999 New India Assurance Company Ltd. ...Appellant vs. Mahadeo Damodar Patil & Ors. ...Respondents Mr.M.G.Barve for the appellant Mr.S.P.Thorat for the respondents CORAM : A.S.OKA,J. DATE : JUNE 13, 2011 P.C.: 1 Heard the learned counsel for the appellant. The challenge is to the Judgment and Award dated 26 th April 1999 passed by the learned Member of the Motor Accident Claims Tribunal in a claim petition under section 140 of the Motor Vehicles Act,1988. The appellant is the insurer of the offending vehicle. A sum of Rs.25,000/- has been granted as compensation on account of no fault liability. 2 The submission of the learned counsel for the appellant is that the driver of the offending vehicle was not possessing a valid driving licence on the date of accident and thus, there is a breach of terms and conditions of the policy. He submitted that thus the appellant company was not liable to satisfy the award made against the insured. 3 I have considered the submissions. It must be stated that the learned counsel for the appellant tried to rely upon a Judgment and Award passed by the Tribunal in a companion claim petition. Apart from the fact that the said Judgment and Award is not on record, it is not 2 fa663 in dispute that in this case the main claim application under section 166 of the said Act is still pending and all issues raised are yet to be finally decided in the said claim application. 4 The proceedings of application under section 140 of the said Act are summary in nature. On the basis of the documents produced by the first respondent, the Tribunal has passed impugned order especially when the involvement of the vehicle was not disputed and the insurance coverage was not in dispute. Whether there was a breach of terms and conditions of the policy is the question which is to be decided in the main claim petition after the parties adduce evidence. 5 Hence, there is no merit in the appeal and the same is accordingly dismissed with no order as to costs. 6 It is made clear that all issues in the main application under section 166 of the said Act will remain open and the said issues shall be decided by the Tribunal without being influenced by the impugned Judgment and Award and the confirmation thereof by this Court. JUDGE