1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.26 OF 2008 with CA NO.3847/2010. United India Insurance Co. Ltd. Through its Divisional Manager, & Authorized representative and Signatory, Jalgaon Divisional Office, Mansing Market, II Floor, Near Railway Station, At and District Jalgaon. - APPELLANT VERSUS 1) Sarlabai w/o Ranulal Gelda Age: 43 Yrs., occu. Housewife/ Household. 2) Anandkumar Ranulal Gelda Age: 17 Yrs., occu.Education 3) Sumit Ranulal Gelda, Age: 11 Yrs., occu. Education. 4) Mamta Ranulal Gelda, Age: 13 Yrs., occu. Education. 5) Udit Ranulal Gelda, Age: 10 Yrs., occu. Education. All R/o Main Road Shahada, Tq.Shahada, Dist.Nandurbar. 6) Chainsing Narayansing Girase Age: 25 Yrs., occu. Driver, R/o Jawada, Tq. Shahada, District Nandurbar. - RESPONDENTS ***** 2 Mr.AB Gatne,Advocate for Appellant; Mr.AG Magare,Advocate for Respondent Nos.1 to 6. ----- CORAM : K.U.CHANDIWAL, J. DATE : 23rd April, 2010. PER COURT : 1) Heard. 2) The order of learned Member of Motor Accident Claims Tribunal, Shahada, dated 25.7.2003 in terms of Section 140 of the Motor Vehicles Act, fixing the liability against the insurance company for death of owner of the vehicle, is questioned by the appellant/insurance company. 3) During the course of submission, Mr.Gatne informed, the accident was due to negligence of the driver and the owner of the vehicle lost his life. The clause of indemnification will, according to Mr. Gatne, not cover the owner of the vehicle for negligence of his driver. 4) At this stage of the matter, when the Claim Petition under Section 166 of the Motor 3 Vehicles Act is pending, the learned Judge shall consider these aspects while adjudicating the said petition, and for the present, the order under Section 140 of the MV Act, is not disturbed. However, the grounds raised by the appellant/insurance company being vital in its nature, the learned Judge shall inhibit withdrawal of the amount under the Award. The statutory deposit by the appellant/insurance company be remitted to the learned Member of MACT, Shahada. The learned Judge shall independently deal with claim petition in terms of Section 166 of the Act on its own merits with endeavour to dispose of the main petition within six months from today. CA disposed of. (K.U.CHANDIWAL) JUDGE bdv/fa26.08