1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. FIRST APPEAL NO.1163 OF 2010. Bhausaheb S/o Devidas Bhale and another ... Appellants. Versus Latabai W/o Ashok Bhokare and others. ... Respondents. ... Mr.R.R.Imale, advocate for the appellants. Mr.S.G.Chapalgaonkar, advocate for the Respondent No.5. ... CORAM : S.V.GANGAPURWALA,J. Date : 13.09.2010. PER COURT 1. The present appeal is preferred by the owner of the offending vehicle. Aggrieved by the impugned order passed U/s 140 of the Motor 2 Vehicles Act, thereby fastening the liability on the owner to pay the amount under No Fault Liability. 2. I have heard Mr.Imale, learned counsel for the appellants and Mr.Chapalgaonkar, learned counsel for the Respondent No.5. 3. Mr.Imale, learned counsel submitted that at this stage of determination of an application U/s 140 of the Motor Vehicles Act, the Tribunal could not have come to the conclusion regarding breach of the policy or otherwise, it would require evidence to come to the said conclusion. At this stage, the Insurance Company ought to have been made liable to pay the amount under No Fault Liability. 4. No doubt, at the stage of determination of an application U/s 140 of the Motor Vehicles Act, the Tribunal has to get itself prima facie satisfied about the facts and circumstances but at the same time if certain circumstances are pointed out which can tantamount to breach of a 3 policy, in such circumstances, the Tribunal can consider the said fact. The Tribunal has considered the fact that the policy was not covering the risk of gratuitous passenger or paid passenger and has relied on the judgment of the Apex Court for the said purpose. The Tribunal has exercised its discretion, as such no interference at this stage is required with the impugned order. However, it is made clear that the said findings are only prima facie in nature. The Court will independently arrive at a finding as to whether the Insurance Company is liable or not after recording of evidence. The First Appeal as such is disposed of with above observations. 5. The appellant has deposited an amount of Rs.25,000/- (Rupees twenty five thousand) in this Court. The said amount be transmitted to the Tribunal at Aurangabad, where the MACP No. 292/2009 is pending. The First Appeal is accordingly disposed of. (S.V.GANGAPURWALA,J.) asp/office/fa1163.10 4