1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.4262 OF 2008 WITH CA NO.695/2008. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- CORAM : K.U.CHANDIWAL, J. DATE : 17 th July, 2009. . Heard both counsel extensively. By their consent, the matter is finally heard at admission stage. 2) The controversy revolves to Award under Section 140 of the Motor Vehicles Act, consequently, record need not be called. 3) The appellant/insurance company contended, the liability cannot be saddled in view of the deceased being a pillion rider and no rigidity of coverage, consequently, no indemnification by the appellant. Apart from that, the pillion rider is the owner of the vehicle. 4) During the course of submissions, it is pointed, MAC No. 74/2005 is pending for final hearing before the learned Member of MACT, Ambajogai and the order under challenge itself is dated 4th February, 2006. 2 5) In view of the above situation, considering the plight of the claimant, it will be in the fitness of things to get adjudicated the entire claim petition finally, instead of commenting on the liability of the appellant/insurance company to make good the Award. Hence, order - i) The appeal is partly allowed; ii) The learned Member of MACT, Ambajogai will dispose of MACP No. 74/2005 within three months of receiving the record. iii) The claimant will abide to the statement not to withdraw the amount deposited by the appellant/insurance company under NFL (Petition under Section 140 of MV Act), till disposal of the main petition. iv) The amount deposited in this Court by the appellant/insurance company be remitted to learned Member of the Tribunal at Ambajogai. v) No costs. ( K.U.CHANDIWAL ) JUDGE bdsv/fa4262.08