FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD ______________________________________________________________________ Office Notes, Office Memoranda ¦ of Coram, appearances, Court’s ¦ Court’s or Judge’s orders orders or directions and ¦ Registrar’s orders ¦ ______________________________________________________________________ ----------------------------------- C.A.NO.5459/2009 IN FIRST APPEAL NO.710/2009. ----------------------------------- Shri S.G. Chapalgaonkar, Advocate for the applicant. CORAM : K.U.CHANDIWAL,J. CORAM : K.U.CHANDIWAL,J. CORAM : K.U.CHANDIWAL,J. DATE : 09/06/2009 DATE : 09/06/2009 DATE : 09/06/2009 . The learned counsel for the Insurance Company informs that the deceased was riding motorcycle owned by his brother and dashed against another motorcycle bearing Registrar No.MH-28/4736. On account of such accident he received head injuries resulting in death. The Police found that the deceased was in a drunken condition causing to his death. The Insurance company challenges the claim pointing since the deceased was rider of the motorcycle he was not third party and was not covered under the policy. According to him the petition itself was not maintainable. The learned Member observed that the claim under Section 163-A of M.V. Act, is .. 2 .. ______________________________________________________________________ Office Notes, Office Memoranda ¦ of Coram, appearances, Court’s ¦ Court’s or Judge’s orders orders or directions and ¦ Registrar’s orders ¦ ______________________________________________________________________ not maintainable. The Tribunal under Sec. 140 of M.V. Act, awarded amount of Rs. 50,000/-, jointly and severally, with 9% interest. 2) Since the appellant Insurance company has deposited Rs. 25,000/- the judgment and order under challenge and its operation/ execution is stayed till further orders. 3) Notice to the Respondents in the appeal. Call R. & P. The matter to be decided finally at admission stage. S.O. 18th August, 2009. Dt.09/06/2009 (K.U.CHANDIWAL) (K.U.CHANDIWAL) (K.U.CHANDIWAL) JUDGE JUDGE JUDGE cmg/ca546909