1 FA 2325.2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 2325 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. D.P.Deshpande ,Advocate for the appellant. Mr.H.D.Deshmukh, Advocate for Resp.nos. 1 & 2. Mr. N.V.Gaware, Advocate for Resp. No.3. .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 24/03/2011 PER COURT : 1. The Insurance Company has filed the present Appeal against the Award passed by the Tribunal under Section 140 of the Motor Vehicles Act [ For short, ‘ the Act ’ ], thereby directing the Insurance Company to pay an amount of Rs. 50,000/- on account of ‘ No Fault Liability ’ to the claimants jointly and severally with the owner of the vehicle. 2. Mr. D.P.Deshpande, the learned counsel for the appellant submits that in fact the insurer is not at all liable in view of the fact that the cheque that 2 FA 2325.2010 was given for the payment of the premium was dishonoured and this fact was intimated well in advance to the financer, who in fact had paid the premium and the accident had taken place after six ( 6 ) months thereafter. In such circumstances, the insurer could not be held liable. 3. Mr. H.D.Deshmukh, the learned counsel for respondent no. 1 and 2 and N.V.Gaware, the learned counsel for respondent no. 3 – the owner submit that the insurer had not intimated the factum of dishonour of cheque to the insured. In such circumstances, the Insurance Company can not absolve of its liability. The owner is not at fault and there was no reason for the owner to get the knowledge of the said fact. 4. No doubt, at the time of determination of application under Section 140 of the Act, the Tribunal has to be prima facie satisfied and it is only after recording of evidence, the Tribunal can come to the definite conclusion. No purpose would be served by keeping the matter pending here. As such, it would be in the fitness of things to direct the Tribunal to decide the application under Section 166 of the Act within the period of six ( 6 ) months and till the decision of the said application under Section 166 of the Act, the 3 FA 2325.2010 amount of Rs. 50,000/- deposited by the Insurance Company shall be kept in Fixed Deposit. The Tribunal shall independently decide the application under Section 166 of the Act without being influenced by the impugned order. I have not expressed any opinion on the merits of the matter. The amount of Rs. 50,000/- deposited in this Court be transmitted to the Tribunal. The amount of Rs. 50,000/- shall be kept in Fixed Deposit in any Nationalized Bank. The First Appeal is disposed of with above observations, however with no order as to costs. [ S.V. GANGAPURWALA,J. ] KNP/FA 2325.2010