IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO.926 OF 2000. APPEAL NO.926 OF 2000. APPEAL NO.926 OF 2000. Ramesh Motiram Jadhav ...Appellant Versus. Shevantabai Sakharam Gangurde & Ors. ...Respondents CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 12th February, 2008. : 12th February, 2008. : 12th February, 2008. P.C.: P.C.: P.C.: 1. Heard advocate for the appellant. The appellant who is the first opponent in the claim petition filed by the first to third respondents under section 140 of the Motor Vehicles Act, 1988 has taken an exception to the judgment and order dated 15th January, 2000. 2. The deceased was travelling in a jeep. The said jeep was admittedly owned by the appellant. The truck gave a dash to the said jeep. As a result of the accident, the deceased suffered injuries and ultimately succumbed to the injuries. By the impugned order, the claim petition under section 140 of the said Act of 1988 has been allowed. 3. The submission of the appellant is that even the truck owned by the respondent No.5 was involved in the accident and no liability has been fastened against the respondent No.5 and the insurer of the respondent No.5. It is submitted that though the jeep was insured, the : 2 : 2 : 2 : insurance company has not been held liable. 4. The Tribunal found that the factum of accident was proved and the involvement of the vehicle owned by the appellant in the accident was proved. Therefore, no fault liability under section 140 of the said Act of 1988 was rightly invoked by the Tribunal. The impugned order has been passed on 15th January, 2000. There is no merit in the appeal and the same is accordingly dismissed with no orders as to costs. It is made clear that the main claim petition under section 166 of the said Act of 1988, if pending, will be decided on its own merits without being influenced by the impugned judgment and order and the confirmation thereof by this Court. Judge. Judge. Judge.