1 fa1782.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1782 OF 2010 United India Insurance Co.Ltd. ...Appellant vs. Shantabai Bhima Gaikwad & Ors. ...Respondents Mr.K.N.Kandekar for the appellant None for the respondents CORAM :A.S.OKA,J. DATE :DECEMBER 20,2010 P.C.: 1 Heard the learned counsel for the appellant. He submitted that the cover note produced before the Tribunal was fabricated and therefore, no Award could have been made against the appellant. He placed on record a copy of the written statement. 2 The impugned Award has been passed under section 140 of the Motor Vehicles Act,1988. The application under section 140 of the said Act remained pending from the year 2007 till July 2010. In the written statement, there is a mere denial of the existence of policy of insurance. Till the disposal of the application under section 140 of the said Act, the appellant did not take up a stand that the copy of the policy or cover note on record was fabricated. 4 Considering a limited scope of adjudication in a claim petition under section 140 of the said Act, no fault can be found with the impugned Award as the same is 2 fa1782.sxw based on consideration of documents on record. No case for interference is made out. 5 However, notwithstanding the dismissal of the appeal, it will be open for the appellant to urge at the time of final hearing of the main claim petition that there was no valid insurance on the date of accident. 6 Subject to what is observed above, appeal is dismissed. 7 The appellant will be entitled to withdrawal of statutory amount if it is deposited in this Court. 8 Civil application no.4481 of 2010 does not survive and same is disposed of. JUDGE