1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.3123 OF 2011 United India Insurance Company Ltd., Through its Divisional Office, Divisional Manager, Aurangabad APPELLANT VERSUS 1. Ravi S/o.Marotirao Gungewar (Gundewad) Age-26 years, Occu-Private Job and Education, R/o.Degloor, Tq.Degloor, Dist. Nanded. 2. Shaikh Azam S/o.Shaikh Ali, Age-Major, Occu-Business, R/o.Kesrali, Tq.Biloli, Dist. Nanded RESPONDENTS Mr.S.V.Kulkarni, learned counsel for the appellant. Mr.A.P.Basarkar, learned counsel for respondent no.1. Mr.U.B.Bilolikar, learned counsel for respondent no.2. (CORAM : A.V.POTDAR, J.) DATE : 15/11/2011 ORAL JUDGMENT : 1. Challenge in this first appeal filed by the Insurance Company is to the order passed in the application filed u/s. 140 of The Motor Vehicle Act in M.A.C.P.No.38/2009. 2 2. Admit. 3. By consent of the parties, heard finally at this stage. 4. Such of the facts which are necessary for the decision in this appeal can be summarized as : Respondent no.1 has filed M.A.C.P.No.38/2009 claiming compensation from the Insurance Company and the respondent no.2, owner and driver of the vehicle u/s. 166 of The Motor Vehicles Act with an interest @ 12% p.a. from the date of filing of this petition till final realization of the amount of compensation claimed. It is alleged that on 12/10/2008, at about 3.30 p.m. the petitioner was proceeding towards Degloor alongwith his friends Girish and Ramesh. On their way, when they reached near the place known as ‘Pokharna Phata’, at that time, one APE auto bearing no.MH-26-G-3017 came from the opposite side and gave dash to the motor cycle on which the petitioner was riding. In the accident, the petitioner and others have sustained serious injuries. The petitioner has sustained fracture injuries over his body and was admitted in the Rural Hospital, Biloli. The accident was reported in Biloli Police Station and the crime was registered vide CR No. 59/2008 u/s. 279, 337, 338 of The IPC. In the main petition filed, an application u/s. 140 of The Motor Vehicle Act was filed by the petitioner on the basis of ‘no fault liability’. On service of notice of this application, original respondent no.2 appeared and contested the 3 claim. It is not under dispute that the auto rick-shaw was colluded with the motor-cycle on which respondent no.1 was riding. The only defence appears to be taken in the say cum written statement that at the time of accident, the driver/respondent no.2 was not holding valid license and in such circumstances, the Insurance Company is not liable to pay any compensation. 5. The law about the payment of compensation under ‘no fault liability’ is well settled. 3 factors required to be considered, which can be summarized as : 1. The accident arises out of the motor vehicle involved, 2. the accident resulted in permanent disability or the death of the person and, 3. thirdly, the claim is made against the owner of the motor vehicle involved in the said accident. It is not under dispute that the respondent no.1 was met with an accident, and sustained injuries and to that effect, certificates were issued by the Rural Hospital, Biloli and lastly the owner of the vehicle has insured the vehicle i.e. ape-rickshaw with the appellant Insurance Company. On satisfaction of these 3 factors, the claim by way of interim compensation u/s. 140 of The Motor Vehicle act was decided by the Court below and if it is so, there is no fault with the order of interim compensation awarded on the application u/s. 140 of The Motor Vehicle Act. No interference is required at the hands of this Court. The only rider that the amount so deposited by the 4 appellant/Insurance company to be adjusted while deciding the final claim u/s. 166 of The Motor Vehicles Act. 6. In the result, as the first appeal sans any merit, dismissed. 7. After the order is dictated, it is informed that the appellant/Insurance Company had deposited the amount of Rs. 25,000/- in this Court. The same be remitted back to the concerned Motor Accident Claim Tribunal. (A.V.POTDAR, J.) khs/NOV.2011/fa3123-11