1 fa-1513.10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1513 OF 2010 The New India Assurance Co. Ltd. .. Appellant Vs Smt. Sunanda Lahu Thik & Ors. .. Respondents -- Shri S.M. Vidyarthi for the Appellant. Shri T.J. Mendon for Resondent Nos.1 to 3. -- CORAM : A.S.OKA, J. DATE :11TH OCTOBER, 2010 P.C: . Heard learned counsel appearing for the Appellant and the learned counsel appearing for the 1st to 3rd Respondents. 2. This is an appeal preferred by the insurer of the offending vehicle challenging an award made in a claim petition under Section 166 of the Motor Vehicles Act, 1988. The Tribunal held that the Appellant is liable to indemnify the owner of the vehicle on the ground that the policy was in force till 31st March, 1999 whereas the accident occurred on 10th February, 1999. 3. The only contention raised by the Appellant is that there is a typographical error while typing the validity period of the policy and in fact, the policy was valid only till 15th November, 1998. It is submitted that the validity period of the policy was only from 4th August, 1998 to 15th 2 fa-1513.10 November, 1998 and due to typing mistake, the date of expiry of the policy was typed as 31st March, 1999. The learned counsel appearing for the Appellant pointed out that the said error was brought to the notice of the Tribunal. 4. It is not the case of the Appellant that any attempt was made to rectify the said error before the date of accident. The stand regarding mistake was taken during the pendency of the claim petition. Therefore, third parties cannot be allowed to suffer. The Tribunal has rightly held that the Appellant is liable to indemnify the owner of the vehicle in the claim made by third parties. However, the Tribunal has permitted the Appellant to recover the amount from the insurer. It is obvious that the Appellant can recover the compensation amount from the insured without filing a separate proceeding and by executing the same award. 5. Subject to what is observed above, no interference is called for in the impugned judgment and award. The appeal is accordingly dismissed with no orders as to costs. 6. A sum of Rs.25,000/- deposited in this Court shall be transferred to the concerned Tribunal. The compensation amount shall not be permitted to be withdrawn for a period of 10 weeks from today. (A.S.OKA, J)