1 S.B. Civil Misc. Appeal No.473/2008 United India Insurance Company Ltd. vs. Alumal & Ors. S.B. Civil Misc. Appeal No.473/2008 United India Insurance Company Ltd. vs. Alumal & Ors. Date : 26.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Manoj Bhandari, for the appellant. Mr.Rajesh Panwar, for the respondents. - - - - - Heard learned counsel for the parties. The short question involved in this appeal is whether the Tribunal has committed error of law for holding the insurance company liable to pay the compensation of Rs.50,000/- on account of no fault liability under Section 140 of the Motor Vehicles Act. The deceased Sushila Kumari was riding as pillion rider on the motorcycle in question and died in the accident. The above issue has already been decided by the Hon'ble Apex Court in the case of United India Insurance Company Ltd. vs. Tilak Singh reported in 2006 ACJ 1441. 2 S.B. Civil Misc. Appeal No.473/2008 United India Insurance Company Ltd. vs. Alumal & Ors. In view of the above, this appeal is allowed and it is held that the appellant insurance company shall not be liable to pay the compensation amount in pursuance of the impugned order dated 24.1.2008 passed in MACT Claim Case NO.32/2007 by Motor Accident Claims Tribunal, Barmer. At the request of learned counsel for the respondents, it is made clear that this finding shall not come in the way of the claimant to prove by evidence in the main claim case any other circumstance or reason by which the appellant insurance company may be liable. (PRAKASH TATIA), J. S.Phophaliya