SBCMA No.1526/2008 Lal Singh & Anr. Vs. Rajendra Kumar & Ors. 1 SBCMA No.1526/2008 Lal Singh & Anr. Vs. Rajendra Kumar & Ors. DATE OF ORDER : - 6.11.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.RS Mankad,for the appellant. <><><> Heard learned counsel for the appellants. Learned counsel for the appellants submitted that the finding recorded in order passed under Section 140 of the Motor Vehicles Act dated 27th Nov., 2007 that since the victim was pillion rider, therefore, his risk is not covered by the Insurance Policy may come in the way of the appellant in main petition and learned counsel for the appellants also tried to assail the finding of the Motor Accident Claims Tribunal on the ground that the Insurance Company could not have been exonerated on this ground while deciding petition under Section 140 of the Motor Vehicles Act. The finding recorded in the impugned award cannot come in the way of the appellant in the main petition because of the simple reason that the issue involved before SBCMA No.1526/2008 Lal Singh & Anr. Vs. Rajendra Kumar & Ors. 2 the Motor Accident Claims Tribunal under Section 140 was whether the claimant was entitled to get the amount of compensation on account of no fault liability. The main issue whether the Insurance Company is liable or not can be subject matter even after the decision given by the tribunal under Section 140 of the Motor Vehicles Act. Therefore, I do not find any merit in this appeal and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.goyal/-