1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO.1425 OF 2009 Bajaj Allianz General Insurance Company .. APPELLANT VERSUS Smt. Chhaya w/o Bhausaheb Agalawe & others .. RESPONDENTS Shri S.G. Chapalgaonkar, Advocate for the appellant. ===== CORAM : P. R. BORKAR, J. DATE : 23 rd JULY, 2010. ORAL JUDGMENT : 1 This is an appeal filed by insurance company being aggrieved by the order of ‘No Fault Liability’ compensation of Rs.50,000/- awarded by the Motor Accident Claims Tribunal, Osmanabad while deciding application for ‘no fault liability compensation’ in MACP no. 276/2004. 2 Heard Adv. Shri S.G. Chapalgaonkar for the appellant. It is the case of the claimants that deceased Bhausaheb was driving motocycle owned by respondent no. 5 and met with an accident due to dash of one another vehicle. Learned advocate of the appellant 2 argued that the owner of other vehicle is not made party. He also submits that the additional premium of driver was not paid. He also stated that the accident had taken place due to negligence of deceased himself. So far as last point is concerned, since this is ‘no fault liability’, the question of negligence cannot be considered. Merely because owner of other vehicle is not made party, this is not a reason for holding respondent no. 5 and appellant not liable for ‘no fault liability’. The case of Shivaji Dayanu Patil X Vatsala Uttam More reported in (1991) 3 S.C.C. 530 decided by the Supreme Court is sufficient to cover the present case. In the facts and circumstances of the case, appeal is dismissed at the stage of admission. However, all defences are kept open for decision at the time of deciding the main application under section 166 of the Motor Vehicles Act. Appeal stands dismissed. Amount deposited in this court by the appellant be remitted to the tribunal for disbursement according to law. 3 In view of dismissal of appeal, pending civil application, if any, does not survive. ( P. R. BORKAR, J.) dyb/office/fa1425.09.odt