1 12) FA 442-2015111 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. FIRST APPEAL NO. 442 OF 2015 THE NEW INDIA ASSURANCE CO. LTD. THR. THE DIVISIONAL MANAGER, NAGPUR VS RUDHA S/O SHRIHARI HIRADEVE AND ORS. ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Ms. Anita Mategaonkar, Advocate for Appellant. CORAM : NEERAJ P. DHOTE, J. DATE : 06/02/ 2026 This is an Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘M.V. Act’) by the Insurance Company against the Judgment and Award dated 12/12/2011 passed by the learned Motor Accident Claims Tribunal, Warora (for short, ‘the Tribunal’) in M.A.C.P. No. 122/2008, awarding compensation of Rs. 3,00,000/- to the Claimants. 2. Heard learned counsel for the Appellant. None for the Respondent(s). 3. The learned counsel for the Appellant – Insurance Company submits that, during the course of argument before the learned Tribunal, it came to the knowledge of the Appellant – Insurance Company that, the insurance policy was not of the Truck bearing no. MH-05/S-838, but was that of the two wheeler Bajaj CT-100 motorcycle. She submits that, the offending vehicle in the accident was the 2026:BHC-NAG:2061 2 12) FA 442-2015222 Matador. She submits that, in view of the said factual aspects, which revealed during the investigation by investigator of the Appellant, the impugned Judgment and Award be quashed and set aside, and the matter be remanded back to the learned Tribunal for fresh consideration. 4. Perused the papers on record. The record clearly goes to show that, due to negligent driving, the offence was registered against the Driver of the Goods Carrier i.e. Matador bearing No. MH-05/S-838. The police papers shows the offending vehicle as a Matador. The papers indicate that, the Appellant - Insurance Company had contested the Claim Petition by filing its Written Statement, the copy of which, is enclosed with the paper-book. The same shows that, the documents which were filed by the Claimants along with the Claim Petition were simply denied by contending that, "the filing of documents by the Applicant is a mater of record but the contents are denied in toto. The document of insurance policy is specifically denied by this N.A. being false one.” However, no evidence was led by the Appellant-Insurance Company before the learned Tribunal in support of the said ground. The impugned Judgment and Award passed by the learned Tribunal nowhere shows that, the said ground now raised in the Appeal was raised before the learned Tribunal. It is for the first time, that this ground has been raised in the Appeal. Except this, there is no other ground is raised against the impugned Judgment and Award. Considering 3 12) FA 442-2015333 this view of the matter, I see no merit in the Appeal. Hence, the following order:- ORDER I) The Appeal stands dismissed with no order as to costs. II) R & P be sent back to the learned Tribunal. (NEERAJ P. DHOTE, J.) B.T.K.