1 S.B. Civil Misc. Appeal No.1156/2005 Om Prakash. vs. The New India Assurance Co. Ltd. & Ors. S.B. Civil Misc. Appeal No.1156/2005 Om Prakash. vs. The New India Assurance Company Ltd. & Ors Date : 17.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Anil Bhandari, for the appellant. Mr.DS Nimla ) for the respondents. Mr.V Jain ) - - - - - Heard learned counsel for the parties. The appellant is aggrieved against the order dated 8.8.2005 passed by the Motor Accident Claims Tribunal, Jodhpur in MACT Claim Case No.158/2005 (460/2003) by which the Tribunal allowed the respondent insurance company's application filed under Order 1 Rule 10 CPC and deleted the name of the insurance company from the claim. By the same order, the compensation on the ground of no fault liability under Section 140 of the Motor Vehicles Act was rejected. It appears from the impugned order that the tribunal merely on the basis of the facts which came in 2 S.B. Civil Misc. Appeal No.1156/2005 Om Prakash. vs. The New India Assurance Co. Ltd. & Ors. the criminal case on record, decided the contentious issue and exonerated the insurance company from any liability in the accident case. Admittedly, no evidence was recorded, yet the papers of the criminal case were treated as final evidence in the case for the purpose of exonerating the insurance company. The order suffers from error of law as the Tribunal had no jurisdiction to treat the evidence may it be documentary as the last word without giving any opportunity to the appellant to explain all facts. In view of the above reason, the Tribunal's order dated 8.8.2005 allowing the application of the respondent insurance company deserves to be set aside, hence, set aside. So far as grant of interim award under Section 140 is concerned, I do not find any illegality in the order passed by the Tribunal rejecting the claim of the appellant under Section 140 of the Motor vehicles Act looking to the peculiar facts of the case. In view of the above reasons, this appeal is partly allowed and the impugned order passed on the application of the insurance company deleting its name is set aside and the order denying the compensation on 3 S.B. Civil Misc. Appeal No.1156/2005 Om Prakash. vs. The New India Assurance Co. Ltd. & Ors. the basis of no fault liability is upheld. The appellant has received the amount under Section 140 in pursuance of the order of this Court which is required to be returned back for which this Court already passed the order on 13.9.2006. The said amount be paid to the insurance company directly or may be deposited with the Tribunal which may be disbursed to the insurance company. (PRAKASH TATIA), J. S.Phophaliya