1 fast18185 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL ST.NO.18185 OF 2008 The New India Assurance Company Ltd. ...Appellant vs. Shahu Fakira Kamble & Anr. ...Respondents Ms Poonam Mittal for the appellant Mr.T.J.Mendon for the respondent no.2 CORAM : A.S.OKA,J. DATE : SEPTEMBER 30, 2011 P.C.: 1 The challenge in this appeal preferred by the Insurance company is to the Award made in a claim petition under section 140 of the Motor Vehicles Act,1988 (hereinafter referred to as the said Act) in case of a fatal accident. Award in the sum of Rs.50,000/- has been passed. 2 The only contention which is raised in this Appeal is that the cheque issued towards premium was dishonoured and therefore, the appellant was not liable. The finding of the tribunal is that the intimation of the dishonour of the cheque and consequential cancellation of policy was issued to the insured after the date of accident. 3 Hence, it is not possible to interfere with the impugned Judgment and Award. Appeal is accordingly dismissed with no order as to costs. 2 fast18185 4 It is, however, made clear that all contentions of the appellant in the main claim petition under section 166 of the said Act are kept open and the Tribunal will decide the main claim petition without being influenced by the impugned award and the confirmation thereof by this Court. 5 The amount deposited by the appellant in this Court shall be transferred to the concerned Tribunal. 6 Civil Application no.4168 of 2011 does not survive and the same is disposed of. JUDGE