1 fa591 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.591 OF 2000 Chintamani Dhondiba Kale ...Appellant vs. Indubai Rajaram Ahire & Ors. ...Respondents Ms Pratibha Borade h/f Mr.M.A.Utgikar for the appellant Mr.Prashant Kambli i/b Mr.P.L.Bhujbal for the respondent nos.1 to 4 CORAM : A.S.OKA,J. DATE : AUGUST 11, 2011 P.C.: 1 Heard learned counsel for the appellant. The appellant is the claimant in a claim petition under section 140 of the Motor Vehicles Act,1988. The grievance of the appellant is that insurer has been exonerated while passing the impugned Award. 2 Impugned Award has been passed on 15th March 2000. The finding of the Tribunal is that admittedly the deceased was a paid passenger in a milk tanker. 3 In view of the said finding, no fault can be found with the impugned Judgment and Award. Appeal is dismissed. If the main claim petition is pending, it is made clear that all contentions of the parties therein are expressly kept open. All issues including the issue of liability of the Insurance Company shall be decided independently on its own merits in the main claim petition without being influenced by the impugned Judgment and Award and the confirmation thereof by this Court. JUDGE