1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 16. FA/822/2009 With CA/4031/2009 In FA/822/2009 (United India Assurance Co.Ltd vs. Hari Kalu Bhoj and others) ----------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.G.Chapalgaonkar, Adv.,for the appellant. Mr. A.P.Bhandari, Adv., for respondent no.3. ... CORAM: K.U.CHANDIWAL, J. DATE: 13/7/2009 P.C.:- 1. The award under Section 140 of Motor Vehicles Act of Rs.50,000/- is the subject of challenge by the appellant Insurance Company. By consent, the matter is finally heard at admission stage. 2. The only point that has been urged is the responsibility of the appellant Insurance Company ceases to operate owing to breach of terms of insurance policy as there was a travel by four unauthorized gratuitous passengers. 3. The petition under Section 166 of Motor 2 Vehicles Act is at the stage of trial and hearing. The respective parties are at liberty to adduce the evidence, about the liability or no liability of the Insurance Company, including the entitlement for the claim under Section 166 of Motor Vehicles Act. 4. At this stage of the matter, before the learned Judge, the award under challenge does not require any interference. The learned Judge shall consider the legal aspects raised by the appellant Insurance Company. Appeal dismissed. No costs. Civil Application dismissed. (K.U.CHANDIWAL) JUDGE agp/fa822-09