1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.602 OF 2008 New India Assurance Co. Ltd. ..Appellant V/s. Tolerakhatun Basir Ahmed Khan ..Respondents & ors Mr.S.S.Vidyarthi, advocate, for the appellant None for the respondents CORAM : A.S.OKA, J. DATE : 24TH MARCH, 2008 P.C. . Heard advocate appearing for the appellant. The challenge by the appellant Insurance Company is to the Judgment and Award dated 23rd November, 2006 passed by the learned member of the Motor Accidents Claims Tribunal in a Claim Petition filed by the respondent Nos.1 to 7. The appellant was impleaded as a party to the Claim Petition on the ground that the appellant was the insurer of the vehicle involved in the accident. 2. The appellant filed a Written Statement contending that though a cover note was issued by 2 the appellant which was valid from 1st January, 1995 to 31st December, 1995, the amount of premium was received on 2nd February, 1995 and accordingly, Policy was issued covering the risk from 2nd February, 1995 to 1st February, 1996. The accident occurred on 16th January, 1995. The contention raised by the appellant was that the appellant was not liable to satisfy the Award which may be passed against the insurer. Admittedly, a leave U/s.170 f the Motor Vehicles Act, 1988 has not been granted in favour of the appellant. 3. After having heard the learned advocate for the appellant and after perusing the impugned Judgment, I find that no case is made out for interference. Admittedly, a cover note was issued by the appellant in respect of the offending vehicle which was valid from 1st January, 1995 to 31st December, 1995. There is nothing on record to show that the cover note was cancelled prior to 16th January, 1995. The policy which was issued by the appellant may be valid from 2nd February, 1995, but so far as third parties are concerned, the 3 appellant continued to be liable as there was a valid cover note issued by the appellant which was valid on 16th January, 1995 i.e.the date of accident. Hence, the Appeal is dismissed. No order as to costs. 4. The appellant will be entitled to refund of a sum of Rs.25,000/- deposited in this Court. In view of the dismissal of the appeal, Civil Application No.5159 of 2007 does not survive and same is disposed of accordingly. 5. It is obvious that the appellant will be entitled to recover compensation amount from the insurer by filing appropriate proceedings. (A.S.OKA, J.)