{1} F A No.1111/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.1111 OF 2011 National Insurance Company Ltd., APPELLANT Through its Divisional Office, Hazari Chambers, Padampura Chowk, Aurangabad VERSUS 1. Devanand Shriram Sonar (More) RESPONDENTS Age-41 years, Occ-Labour R/o Shastri Nagar, Jamner Pura, Tq-Jamner, Dist-Jalgaon 2. Anand Devanand Sonar (More) Age-20 years, Occ-Edu R/o As above 3. Rupali Dewanand Sonare (More) Age-17 years, Occ-Edu R/o As above 4. Karshnbhai Karabhai Makwana Age-Major, Occ-Business R/o Swami Narayan Nagar, Upleta, Dist-Rajkot, Gujrath State 5. Anil Pandurang Bose Age-38 years, Occ-Agri & Business R/o Shivaji Nagar, Near Kamal Hospital, Jamner Tq-Jamner, Dist-Jalgaon {2} F A No.1111/2011 ....... Mr.S.P.Chapalgaonkar, Advocate for the appellant Mr.A.M.Gholap, Advocate for respondent No.1 Mr.D.D.Pokharkar, Advocate for respondent No.5 ....... [CORAM : A.V.POTDAR, J.] DATE: 9 th November 2011 ORAL JUDGMENT: 1. The present first appeal is directed against the judgment and order 03.01.2011 passed by Member, Motor Accident Claims Tribunal, Jalgaon below Application Exhibit-6 in MACP No. 159/2010. By the impugned judgment, the appellant insurance company, along with present respondent No.5, are directed to pay, jointly and severally, compensation of Rs.50,000/- to the claimants towards the “no fault liability”, within a period of one month else interest was directed to be charged on the same. 2. Admit. Heard finally by consent o the parties. 3. Certain facts, which are necessary for the decision of this appeal, may briefly be stated thus- {3} F A No.1111/2011 Respondents No.1 to 3 / original claimants have filed MACP No.159/2010 against the appellant insurance company and the owners of the truck and rickshaw. One Vandana Sonar met with an accident on 04.02.2010 and an offence was also registered in Nandurbar police station. It appears that while said Vandana was traveling in a rickshaw, she fell on the road and was crushed under the truck, which was insured with the appellant. Application for interim compensation was also filed by the original claimants u/s 140 of the Motor Vehicles Act, and the order passed thereon is impugned in the present first appeal. 4. Learned counsel for the appellant, by drawing my attention towards the observations of the trial court in the impugned judgment, contended that, the offence has been registered against the owners and drivers of both the vehicles and hence only 50% liability towards “No Fault Liability” should have been saddled on the insurance company. Hence, learned counsel for the appellant urged that the entire liability to pay the amount of No Fault Liability cannot be saddled on the insurance company {4} F A No.1111/2011 alone. It is further urged that though the insurance company has not deposited the amount of interim compensation, yet the insurance company is ready to deposit the same, however the original claimants be allowed to withdraw only 50% of the said amount deposited or to be deposited by the insurance company. 5. Learned counsel appearing for the original claimants supported the impugned order and urged that if the impugned order is quashed it would frustrate the very purpose behind enactment of section 140 of the Motor Vehicles Act. In the light of these submissions made by learned counsel for the claimants, learned counsel for the appellant urged that the amount deposited or to be deposited by the appellant insurance company may be directed to be adjusted in the final award to be passed by the trial court. 6. In the light of above submissions, I think it appropriate that without dilating on the merits of the matter, it is desirable to direct the learned Member, Motor Accident Claims Tribunal, Jalgaon to decide the main petition itself expeditiously and while {5} F A No.1111/2011 deciding the quantum of compensation, the amount deposited or to be deposited by the appellant insurance company be adjusted in the final award. Thus, without looking into the merit as to who is responsible for the accident and how the liability of compensation to be apportioned, the first appeal to be disposed of with the directions to the learned Member, Motor Accident Claims Tribunal to decide MACP No.159/2010 within a period of 6 months from today. 7. Consequently, the first appeal is disposed of with the directions to the learned Member, Motor Accident Claims Tribunal, Jalgaon to dispose of MACP No.159/2010 within a period of 6 months from today and while deciding the final compensation, the amount deposited or to be deposited by the appellant insurance company under the impugned order, be adjusted in the final award. Considering the peculiar facts and circumstances of the case, there shall be no order as to costs. The amount of Rs. 25,000/- deposited by the appellant as statutory deposit in this Cort, be remitted to the MACT, Jalgaon. As learned counsel for the appellant insurance company undertakes to deposit the remaining {6} F A No.1111/2011 Rs.25,000/- within a period of two weeks from today, the insurance company be not saddled with any interest, as per the impugned order. [A.V.POTDAR, J.] drp/B11/fa1111-11 {7} F A No.1111/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.6871 OF 2011 IN FIRST APPEAL NO.1111 OF 2011 National Insurance Company Ltd., APPLICANT VERSUS Devanand Shriram Sonar (More) & Ors RESPONDENTS ....... Mr.S.P.Chapalgaonkar, Advocate for the applicant Mr.A.M.Gholap, Advocate for respondent No.1 Mr.D.D.Pokharkar, Advocate for respondent No.5 ....... [CORAM : A.V.POTDAR, J.] DATE: 9 th November 2011 PER COURT: 1. As the first appeal itself has been disposed of, the present civil application does not survive and hence disposed of accordingly. [A.V.POTDAR, J.] drp/B11/fa1111-11