1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 15. FA/1444/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.G.Chapalgaonkar, Adv., for the appellant. Mr. Sandeep S.Deshmukh, Adv., for respondent nos. 1 to 5. Mr. P.S.Agrawal, Adv., for respondent no.2. Mr. S.S.Kulkarni, Adv., for respondent no.9. ... CORAM : K.U. CHANDIWAL, J. DATED : 9th July, 2009 ... P.C.:- 1. By consent the matter is finally disposed of at admission stage. I need not to advert to merits of the matter as to who should shoulder the responsibility of negligence. The short controversy i.e. whether the appellant New India Assurance Company Ltd., insurer of the motor cycle, which met with the accident, is presently to be held liable to meet the amount covered under the No Fault liability i.e. Rs.50,000/-, is to be answered. 2. The Counsel agree, during the course of submission, since the petition under Section 166 of 2 Motor Vehicles Act is pending for final hearing, at this stage, purpose of both the sides will be served if the award of Rs.50,000/- is not executed against the appellant New India Assurance Co. Ltd. 3. The Counsel for the appellant has taken recourse to the judgment of the Apex Court in the matter of New India Assurance Company Ltd. V. Sadanand Mukhi and others ( 2009 AIR SCW 1372) to assert that the deceased does not come within the purview of term “person” within the provisions of Section 147 of the Motor Vehicles Act. The learned Member will not be influenced by observations made by this Court about merits of petition under Section 166 of M.V. Act. :Order: The appeal is partly allowed. The learned Judge seized with petition under Section 166 of Motor Vehicles Act shall ensure to complete the trial within six months. The award under Section 140 of Motor Vehicles Act, to the tune of Rs.50,000/- shall not be executed against the appellant New India Assurance Co. Ltd. till the main petition is finally disposed of. Needless to add, the remedies of the claimants to execute the award against original respondent nos. 1 to 3 are not closed. (K.U.CHANDIWAL) JUDGE agp/fa1444-09 3