1 fa1804-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa FIRST APPEAL NO. 1804 OF 2010 ALONGWITH CIVIL APPLICATION NO. 4207 OF 2009 New India Assurance Co. Ltd. .. Appellant V/s. Pooja Ashakaran Taneja & Anr. .. Respondents .... Mr. R. K. Cheulkar for the Appellant. .... CORAM : A. S. OKA, J. DATE : DECEMBER 15, 2010. P.C. Heard the learned counsel appearing for the appellant. The impugned Award has been made under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred as the said Act), granting compensation on account of no fault liability. 2. The learned counsel appearing for the appellant submitted that the driver was not possessing a valid driving licence and investigator's report now shows that there was no valid insurance at the time of accident. 3. It is obvious from the impugned Judgment that both the 2 fa1804-10 contentions were not raised before the Tribunal. The documents produced on record show that on the date of accident, the vehicle was insured with the appellant. Considering the narrow scope of adjudication in a claim petition under Section 140 of the said Act, no interference can be made with the impugned Award. The Appeal is accordingly dismissed. 4. It is made clear that the contentions, which are raised by the appellant in this Appeal, are kept open. It is open for the appellant to agitate the said contentions in the claim petition under Section 166 of the said Act. Notwithstanding the confirmation of the impugned Judgment and Award, the Tribunal will decide the said contentions on its own merit. 5. The statutory amount deposited by the appellant in this Court be paid over to the appellant with interest, if any, accrued thereon. 6. Civil Application No. 4207 of 2009 does not survive and the same is disposed of accordingly. JUDGE