82fa1366.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR First Appeal No.1366 of 2009 (National Insurance Co. Ltd. vs. Neeta wd/o. Vinod Kondekar and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: R. K. Deshpande, J. Date : 08/02/2010. Heard Mrs. Smita P. Deshpande, Adv. for the appellant and Mr.S.V.Dhawas, Adv. for the respondents. This appeal is preferred by the National Insurance Company Ltd. challenging the order dt. 16.12.2004 passed by the learned Member, Motor Accident Claims Tribunal, Chandrapur in M.A.C.T. No.256 of 2000 on the application u/s. 170 of the Motor Vehicles Act,1988. The Tribunal has recorded a prima facie finding that the vehicle was insured but the defence of the Insurance Company was that the deceased was travelling in a vehicle as a passenger and hence, his liability was not covered. The Tribunal has found that a prima facie case is made out for grant of compensation u/s. 140 of the Act and accordingly, it was held that the claimants are entitled to get an amount of Rs.50,000/- towards no fault liability along with interest @ 9 % p.a. from the date of order till its deposit in the Tribunal. Mrs. Deshpande, Adv. for the appellant/Insurance Company has urged that the accident occurred on 13.7.2007 and the Cover note which the appellant has produced in this Court at 'Annexure D' indicates that the vehicle was insured from 14.7.2000 82fa1366.09.odt 2 . to 13.7.2001. Hence, according to her, the vehicle was not insured on the date of accident. However, this point has not been raised in the Written Statement. Learned Counsel has further urged that the deceased was travelling as a passenger in a private vehicle. The Tribunal has, however, found that a prima facie case is made out for grant of compensation u/s. 140 of the M. V. Act. Be that as it may, whether the deceased was travelling in a private vehicle as a fare paying passenger or as a gratuitous passenger or whether risk of the occupants of the vehicle is covered by the policy of Insurance are also disputed questions of fact and are required to be gone into on the merits of the matter. Hence, I do not find any substance in the contentions raised. In the result, there is no substance in this appeal. Same is, therefore, dismissed. It is, however, made clear that the payment of amount of Rs.50,000/- along with interest shall be subject to result of the claim petition. Learned Counsel for the appellant submits that, on 4.8.2006, an amount of Rs.50,000/- was deposited in this Court in Writ Petition No. 2978 of 2006 towards the amount of compensation as directed to be paid by the Tribunal. In addition to this, she further states that an amount of Rs.25,000/- towards statutory deposit has also been deposited in this Court. Office is directed to remit entire amount to the Tribunal immediately along with interest accrued thereon for further appropriate orders in accordance with law. JUDGE jais 82fa1366.09.odt 3 .