1 fa 2134.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 2134 OF 2010 Pandurang Phalaji Bele and another .. Appellants Versus Shamrao Laxmanrao Garole and another .. Respondents Shri M. P. Kale, Advocate for Appellants. Shri V. R. Mundada, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA, J. DATE : 23RD MARCH, 2011. PER COURT : . This is the first appeal filed by the claimants. The claimants had filed a petition U/Sec. 166 of the Motor Vehicles Act, so also a petition U/Sec. 140 of the Motor Vehicles Act. The claim of the petitioners U/Sec. 140 of the M. V. Act was dismissed on the ground that the Tribunal prima facie came to the conclusion that the petitioners could not establish that the deceased succumbed to the injuries sustained by her due to accident which took place on 27.02.2008. Being aggrieved 2 fa 2134.10 thereby the present appeal is filed. 2. Shri Kale, learned counsel for appellants states that at the stage of deciding an application U/Sec. 140, no detailed enquiry is contemplated. The Tribunal on prima facie satisfaction has to pass an award. The provisions of Sec. 140 are meant as succour for the claimants. According to the learned counsel, the record of Sai Accident Hospital was produced, which was sufficient for the Tribunal to prima facie come to the conclusion about the death of the deceased. 3. Per contra Shri Mundada, learned counsel for the insurance company states that in fact, the petitioners have not produced any record of the said S.G.S. Hospital, Nanded wherein the deceased was allegedly admitted. The FIR is also lodged after 16 days which itself creates doubt. In absence of any record from the said S.G.S. Hospital, Nanded, the Tribunal could not have even come to the prima facie conclusion. 4. I have gone through the judgment. No doubt, at the stage of enquiry U/Sec. 140 of the M. V. Act, the Tribunal has to prima facie satisfy and no detailed enquiry is contemplated. But the 3 fa 2134.10 appellants even failed to produce a document from S.G.S. Hospital, Nanded, where the deceased was allegedly admitted. The same was necessary, as the FIR was also lodged after considerable laps of time. Be that as it may, it will be in nobodies interest to keep the matter pending in this Court. Prima facie, the order passed by the Tribunal does not appear to be incorrect. In that light of the matter, I dispose of the first appeal by directing the Tribunal to decide the application of the petitioners U/Sec. 166 of the M. V. Act. The petitioners may produce all such documents to prove their case. The Court would not be influenced by the order passed U/Sec. 140 of the M. V. Act and decide the said application U/Sec. 166 of the Act on its own merits. The first appeal is accordingly disposed of with no order as to costs. The Record and Proceedings be sent back immediately. [ S. V. GUJRANWALA, J. ] bsb/March. 11