1 fa667 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.667 OF 2001 Iswar Baiju Patil ...Appellant vs. Smt.Anjana Narayan Patil & Ors. ...Respondents Mr.Abhijit Tukankar h/f Mr.S.J.Ghogare for the appellant Mr.Santoshkumar Mishra i/b M/s.Singhania & Co.for the respondent no.6 CORAM : A.S.OKA,J. DATE : SEPTEMBER 19, 2011 ORAL JUDGMENT: 1 Heard the learned counsel for the appellant and the learned counsel for the sixth respondent. The challenge in this appeal is to the Award made on an application under section 140 of the Motor Vehicles Act,1988 (hereinafter referred to as the said Act). The present appeal has been preferred by the owner of the offending vehicle. The ground of challenge in the Appeal is that the insurer of the vehicle has been erroneously exonerated. The learned counsel for the appellant stated that though he has sent telegram to the appellant, he has not responded. 2 On finding that the vehicle owned by the appellant was involved in the accident and on the proof of factum of accident, compensation of Rs. 2 fa667 50,000/- has been granted by the impugned award under no fault liability. The Tribunal observed that the deceased was an unauthorised passenger in a tractor/trailor and therefore, insurer has been exonerated. The said finding is based on the averments made in the claim application itself. As the said finding is based on the averment made in the claim petition, in a proceeding under section 140 which is of a summary nature, the insurer has been exhonerated. 3 The proceedings of the claim petition under section 140 of the said Act are summary in nature. The findings recorded while disposing of the application under section 140 of the said Act will not bind the Tribunal while deciding the main claim application under section 166 of the said Act. There does not appear to be any dispute regarding involvement of the vehicle owned by the appellant. Accordingly, the appellant has been directed to pay amount of Rs.50,000/- under no fault liability with interest accrued thereon @ 12% p.a from 28/4/1999 till realisation within six weeks from the date of impugned order. No case is made out for interference. Appeal is dismissed with no order as to costs. 4 It is made clear that the issue of liability of the insurer is expressly kept open. If the main claim application under section 166 of the said Act is pending, the Tribunal will decide the said issue on its own merits without being influenced by the impugned Judgment and Award and the confirmation 3 fa667 thereof by this Court. 5 Civil Application no.2770 of 2001 does not survive and the same is disposed of. 6 The amount lying deposited in this Court with interest accrued thereon shall be transferred to the concerned Tribunal. The concerned Tribunal will pass an order of withdrawal/disbursement of the said amount after hearing the parties. JUDGE