1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1105 OF 2009 Nizamuddin s/o M.A. Basheer, Age: 45 years, Occ: Business, R/o. Ahmedpura Colony, Nizambad. At present Degloor, Tq.Degloor, District Nanded. .. Petitioner Versus The Divisional Manager, The United India Insurance Co.Ltd., G.G.Road,Nanded, and another. .. Respondents ... Mr. K.M. Nagarkar, Advocate for petitioner. ... CORAM : K.K. TATED, J. DATE : 28th JULY, 2009. PER COURT : 1. Heard learned Counsel for the petitioner. 2. By this petition under Article 227 of the Constitution of India, the petitioner is challenging the order dated28-07-2008 passed by 2 the Chairman, M.A.C.T. Nanded, below Exhibit-5 in M.A.C.P. No. 620/2007. Said order came to be passed under Section 140 of the M.V. Act. 3. In view of the judgment of the Apex Court in the matter of Yallwwa (Smt) and others vs. National Insurance Co. Ltd. and another, reported in (2007) 6 S.C.C. 657, alternative remedy i.e. first appeal is available to the petitioner. Head Note-A reads as under. "A. Motor Vehicles Act, 1988- Ss.140, 168, and 173 - Order passed under S. 140 - Nature of and appealability of - Held, such an order is an "award" under S. 168 and is appealable under S. 173 - Reasons therefor, discussed in detail." 4. In view of the above mentioned facts, the present Writ Petition is dismissed, as it is not maintainable. [ K.K. TATED, J.] sut/JUL09/wp1105.09