( 1 ) fa147.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 147 OF 2011 United India Insurance Co. Ltd. .. Appellant Versus Sajan s/o. Pundlik Akhade & Anr. .. Respondents Shri M.S. Deshmukh, Advocate for the appellant. Shri Ujjwal S. Patil, Advocate for respondent No.2. CORAM : R.M. BORDE, J. DATED : 18.07.2011 P.C. :- 1. This is an appeal preferred by the Insurance Company raising exception to the order passed below Exh.6 in Motor Accident Claim Petition No. 319 of 2006, thereby directing the respondents including the appellant/insurance company herein (original respondent No.2) to pay sum of Rs. 25,000/- towards no fault liability within a period of one month from the date of the order. ( 2 ) fa147.11 2. I have heard arguments advanced by Shri M.S. Deshmukh, Counsel appearing for the insurance company. The only ground raised for fixing liability on the insurance company is that according to the appellant the claimant was traveling in mini-door, which is involved in the accident, as a fare paying passenger. The objection raised by the insurance company has been considered by the Tribunal. It is observed by the Tribunal that there is nothing placed on record to indicate that the claimant was fare paying passenger. Neither the claim petition nor the police papers indicate that the claimant was traveling in the vehicle in question as fare paying passenger. The insurance policy is a private car package policy, covering risk of six passengers. The Tribunal, as such, directed the respondents including the insurance company to pay compensation amount under Section 140 of the Motor Vehicles Act. Shri M.S. Deshmukh, Counsel appearing for the appellant has invited my attention to the statement of the claimant recorded by the police on 23.07.2004 and contended that reasonable inference has to be drawn that the claimant was fare paying passenger. ( 3 ) fa147.11 3. The statement by the claimant before the police cannot be straight way taken into account while dealing with the application, as the same is not admissible. It would be open for the insurance company/appellant herein to raise appropriate objection before the Tribunal and it would be obligatory on the part of the Tribunal to consider such objection, if raised, at the stage of rendering decision on claim petition presented under Section 166 of the Motor Vehicles Act. The appeal is devoid of substance and hence stands dismissed. 4. The amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) deposited by the insurance company in this Court shall be transmitted to the tribunal and the claimant be permitted to withdraw the same. [R.M. BORDE, J.] snk/2011/JUL11/fa147.11