1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR FIRST APPEAL NO. 22/1996 (The New India Assurance Co.Ltd. Akola vs. Smt.Sheeladevi Thakur and others ) -------------------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Mr Mohan Sudame, Adv.for appellant Coram : A.P.BHANGALE, J. Dated : November 30, 2009 Heard counsel for the appellant. 2. It appears the grievance of the appellant that on the first day of hearing in respect of an application under section 92 (a)(i) of the Motor Vehicles Act,1939 in the MV Case No. 57/1998 before the Motor Accident Claims Tribunal, Akola, (in short “the Tribunal”), the appellant had applied for better particulars in order to file written statement; but instead of directing respondents 1 to 3 for supplying particulars, the Tribunal proceeded to pass the impugned award on the principle of “no fault liability”. 3. It cannot be disputed that the grievance can be agitated at the time of main petition before the Tribunal and the amount paid at interim stage is required to be adjusted subject to decision in the award after final hearing. That being so, the appellant is at liberty to agitate its grievance before the Tribunal at the time of hearing of the main petition. 2 4. No other ground is pleaded. Appeal stands disposed of with a direction to the Tribunal to consider the grievance of the appellant on merits at the time of hearing of the main petition, if not already decided. JUDGE. sahare