( 1 ) fa1813.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1813 OF 2010 Bajaj Allianz General Insurance Co. Ltd. .. Appellant Through its Manager, Branch at Adalat Road, Aurangabad, Tq. & Dist. Aurangabad. Versus 1. Vithal s/o. Malhari Bhendekar .. Respondents Age. 45 years, Occ. Agri., 2. Taramati w/o. Vithal Bhendekar Age. 40 years, Occ. Household, 3. Gajanan s/o. Vithal Bhendekar, Age. 14 years, Occ. Nil, U/g real father Vithal s/o. Malhari Bhendekar, Nos. 1 to 3 R/o. Pardi, Tal. Aundha, Dist. Hingoli. 4. Govind s/o. Lalsing Aade, Age. Major, Occ. Business, R/o. Malegaon Tanda, Post Warud, Tq. Jintur, Dist. Parbhani. 5. The New India Assurance Company Ltd. Through its Branch Manager, “Yeshodeep”, Shivaji Road, Parbhani. 6. Sadashiv Uttamrao Sangle, Age. 35 years, Occ. Agri., R/o. Gojegaon, Tal. Aundha, Dist. Hingoli. ( 2 ) fa1813.10 Shri U.S. Malte, Advocate for the appellant. Shri S.B. Solanke h/f. Shri S.S. Thombre, Advocate for respondent No.4. Shri B.R. Kedar, Advocate for respondent No.6. CORAM : R.M. BORDE, J. DATED : 04.07.2011 ORAL JUDGMENT :­ 1. Heard respective Counsel appearing for the parties. 2. Admit. 3. With the consent of the parties, the appeal is taken up for final hearing at the stage of admission. 4. The appeal is preferred by original respondent No.4 ­ Bajaj Allianz General Insurance Co. Ltd., challenging the order passed by the Motor Accident Claims Tribunal, Parbhani, in M.A.C.P. No. 180 of 2007, directing the appellant to pay compensation amounting to Rs. 25,000/­ along with respondent Nos.1 and 2 (amount payable by the concerned respondent is ( 3 ) fa1813.10 amounting to Rs. 25,000/­ and total payable sum is Rs. 50,000/­) to the original claimants under Section 140 of the Motor Vehicles Act along with interest at the rate of 6% p.a. 5. Shri Malte, learned Counsel appearing for the appellant has pointed out that the claim petition presented by the claimants under Section 166 of the Motors Vehicle Act, has already been decided by the Court on 30.05.2011. Copy of the judgment is placed on record. Same is marked as "X" for identification. The Motor Accident Claims Tribunal, after recording evidence of the parties directed original respondent Nos. 1 & 2 to jointly and severally pay an amount to the tune of Rs. 1,48,000/­ (inclusive of an amount of Rs. 50,000/­, payable under the award as per order passed below Exh.5) along with interest at the rate of 6% p.a. from the date of petition till realization of the entire amount. The Motor Accident Claims Tribunal has exonerated respondent Nos. 3 and respondent No.4/appellant herein from making payment of compensation to the claimants. In view of the judgment rendered by the Motor Accident Claims Tribunal in M.A.C.P. No. 180 of 2007, though the claim petition is presented under ( 4 ) fa1813.10 Section 140 of the M.V. Act, the liability of the appellant herein/original respondent No.4 to contribute in respect of payment of compensation payable to the claimants does not arise. Apart from this aspect Shri Malte, Counsel appearing for the appellant has pointed out that the applicant had sought recovery of the amount under Section 140 of the M.V. Act, by filing application Exh.5 only against respondent Nos. 1 & 2 and no claim was raised against the appellant­insurance company. The Tribunal erred in directing payment of amount by the appellant/insurance company, while disposing of the application under Section 140 of the M.V. Act. Even otherwise, in view of the decision rendered by the Tribunal in the petition presented under Section 166 of the M.V. Act and in view of finding that appellant herein not liable to contribute to the payment of compensation receivable by the claimants, the appeal presented by the appellant needs to be allowed and the same is accordingly allowed. Since original respondent No.3 is also exonerated from liability to pay amount of compensation by Tribunal while deciding claim petition presented under Section 166 of M.V. Act, the impugned order passed against original respondent No.3 ( 5 ) fa1813.10 directing to contribute in payment of amount to claimants under section 140 of M.V. Act also needs to be quashed and set aside. The impugned order fixing liability in respect of payment of amount to claimants under section 140 of M.V. Act (Exh. 5) dated 10.06.2010, so far as it relates to original respondent No. 3 & 4 (appellant) is quashed and set aside. 6. In view of the facts and circumstances of the case, the amount deposited by the Insurance Company in this Court while presenting the appeal shall be permitted to be refunded by the office to the Insurance Company. [R.M. BORDE, J.] snk/2011/JUL11/fa1813.10