1 fa 1299.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1299 OF 2010 Sakharam Vithoba Kadam and another .. Appellant Versus Venkatesh Madhavrao Kunte and others .. Respondents Shri V. P. Kadam, Advocate for Appellants. Shri I. S. Thorat, Advocate for the Respondent No. 1. Shri V. R. Mundada, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA, J. DATE : 21ST APRIL, 2011. PER COURT : . This is an appeal filed by the claimants being aggrieved by the order of the Tribunal passed U/Sec. 140 of the Motor Vehicles Act exonerating the Insurance Company. While passing the impugned order the Tribunal has fastened the liability on the owner of the vehicle. According to the learned counsel for the claimants and the owner, the Insurance Company has been erroneously exonerated. There was no reason to exonerate the Insurance Company. 2 fa 1299.10 2. Shri Mundada, the learned counsel supports the order on the ground that the vehicle was a goods vehicle and the same was insured as goods vehicle. 3. The order impugned is U/Sec. 140 of the Motor Vehicles Act. What was the status of the deceased traveling in the vehicle would be arrived at after the evidence is led by the parties. Whether the Insurance Company can be exonerated or not would be finalized after evaluation of the evidence as led by either of the parties. It is informed that the proceedings U/Sec. 166 of the M. V. Act are pending, because the record and proceedings are with this Court. It would be in nobodies interest to keep the matter pending here. 4. In the light of above, without observing anything on merits of the mater, I relegate the parties to the Tribunal with directions to the Tribunal to dispose of the application U/Sec. 166 of the Motor Vehicles Act within a period of six months. The observations of the Tribunal while passing the impugned order are merely prima facie in the nature and the Tribunal would pass the order U/Sec. 166 independently on the evidence adduced before it. The first appeal is accordingly disposed of. The record 3 fa 1299.10 and proceedings be sent back forthwith. [ S. V. GANGAPURWALA, J. ] bsb/April 11