1 S.B. Civil Misc. Appeal No.107/2008 The New India Assurance Co. Ltd. vs. Shakoor Mohammad & Ors. S.B. Civil Misc. Appeal No.107/2008 The New India Assurance Co. Ltd. vs. Shakoor Mohammad & Ors. Date : 12.11.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.J Vyas, for the appellant. Mr.M Pitaliya, for the respondent no.1 - - - - - Heard learned counsel for the parties. According to learned counsel for the appellant, the Motor Accident Claims Tribunal, Bhilwara while deciding the petition under Section 140 of the Motor Vehicles Act, without deciding the objection raised by the appellant, held the appellant liable for payment of amount under Section 140. According to learned counsel for the appellant, even at the stage of decision on application under Section 140, the Tribunal is required to prima-facie satisfy about the plea taken by the parties before granting the award. The Hon'ble Apex Court in the case of Yallwwa (Smt.) & Ors. vs. National Insurance Co. Ltd. & Anr. reported in MACD 2007(1) SC 532, held that 2 S.B. Civil Misc. Appeal No.107/2008 The New India Assurance Co. Ltd. vs. Shakoor Mohammad & Ors. the order passed under Section 140 of the Motor Vehicles Act is appealable and it amounts to award. Learned counsel for the appellant showed the copy of insurance policy wherein it is clearly mentioned that the policy is only “act only policy”. However, this evidence at this stage is only prima-facie evidence but looking to this fact, the Tribunal has committed illegality in holding the appellant liable. It is clarified that the finding recorded is absolutely interim finding and on the basis of this, the case of the claimant will not be prejudice and the claimant will be free to take the plea that yet the insurance company is liable. However, looking to the facts of the case, the order dated 24.10.2007 passed by the Motor Accident Claims Tribunal, Bhilwara in MACT Case No.124/2007 cannot be sustained, hence, set aside. However, the claimant will be entitled to recover the amount from the owner as well as driver of the vehicle, as the case may be. Accordingly, this appeal is allowed. (PRAKASH TATIA), J. S.Phophaliya