IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19408 of 2011 Sakina Khatoon & Ors Versus M/S T.S.Roadways Pvt.Ltd.& Anr ---------------------------------- 06. 07.12.2011 Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the insurance company as well as the learned counsel for the owner of the vehicle in question. This writ application under Article 227 of the Constitution of India has been filed by the petitioners against a part of the order dated 11.6.2008 passed by 5th Additional Motor Vehicle Accident Claims Tribunal, Muzaffarpur in Claim Case No. 40 of 2007 whereby the learned court below recorded that the claimant and the owner of the vehicle are in collusion. So far the other part of the order whereby the court below allowed the application of the insurance company under Section 170 of the Motor Vehicle Act is concerned it is not challenged. From perusal of the impugned order it appears that the learned court below has prima facie presumed that the owner has got in collusion with the claimant. This finding recorded by the court below is only prima facie finding. Therefore, whether the owner and the claimant are in collusion or not that is a matter that may be considered at the time of final judgment of the case. At this stage it is not necessary to decide this question as to whether the claimant and the owner are in collusion or not. With the above observation, this writ application is disposed of. S.S. (Mungeshwar Sahoo,J.)