1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. FIRST APPEAL NO.4380 OF 2008. The New India Assurance Co. Ltd., through its Branch Manager, Parbhani. ... Appellant. Versus Sumedha W/o Prakash Deshmukh and others ... Respondents. ... Mr.V.R.Mundada, advocate for the appellant. Mr.Sachin Deshmukh, advocate for the Respondent Nos.1 to 3. ... CORAM : S.V.GANGAPURWALA,J. Date : 07.10.2010. PER COURT 1. The present Respondents had filed Motor Accident Claims Petition before the Motor 2 Accident Claims Tribunal for compensation on account of the death of deceased Prakash Deshmukh, who was the husband of Respondent NO.1 and father of Respondent Nos.2 and 3. It was their contention that deceased Prakash met with an accident while proceeding on his motor cycle for attending his duty. The offending vehicle gave a dash to the said motor cycle. The offending vehicle was being driven in rash and negligent manner. 2. Along with an application U/s 166 of the M.V. Act, the claimants filed an application U/s 140 of the M.V.Act for compensation under the No Fault Liability. The Tribunal vide its order dated 4.7.2007, allowed the said application. The Insurance Company has preferred the appeal challenging the said award. 3. It is a trite law that provisions of Section 140 of the M.V. Act are meant to succour the claimants. The Apex Court in a case of "Eshwarappa alias Maheshwarappa and another Vs. C.S.Gurushanthappa and another" reported in 2010 3 AIR SCW 4918, has held that even if the driver of the offending vehicle is not at fault, still, compensation U/s 140 of the M.V.Act should be awarded. 4. Mr.Mundada, learned counsel for the appellant Insurance Company, contended that even while deciding application U/s 140 of the M.V. Act, the Tribunal should prima facie come to the conclusion that particular vehicle is involved in the accident. In the present case, there is much discrepancy in the registration number of the said jeep mentioned in the Police papers. Earlier it was mentioned that a jeep gave dash to the motor cycle on which deceased was travelling and later it is mentioned that it was a Maruti Car. The Tribunal has not considered all these aspects while deciding the said application. 5. I have heard Mr.Mundada, learned counsel for the appellant and Mr.Deshmukh, learned counsel for the Respondents. 6. The Court has passed an order U/s 140 4 of the M.V.Act. Whether the vehicle was really involved in the accident or not would be conlusively established at trial which the Court would independently arrive at after recording the evidence. At this stage, such a long drawn inquiry is not contemplated. However, the Court is also expected to prima facie give some reasons while awarding the amount U/s 140 of the M.V.Act. 7. As the order is only passed U/s 140 of the M.V.Act and the main application U/s 166 of the M.V.Act, is pending adjudication since the year 2005, it would be appropriate to direct the Tribunal to decide the application U/s 166 of the M.V.Act, as expeditiously as possible. As such I am not dealing with application U/s 140 of the M.V.Act, on merits. 8. The Insurance Company has already deposited an amount of Rs.25,000/- (Rupees twenty five thousand). The claimants are allowed to withdraw the said amount on furnishing an undertaking in the form of affidavit that in case 5 the Insurance Company is exonerated, they would pay the amount to the Insurance Company or deposit the same with the Tribunal within a period of one month from the order. The Insurance Company shall deposit remaining Rs.25,000/- (Rupees twenty five thousand) before the Tribunal and the said amount would be kept in Fixed Deposit. The disbursement of the said amount shall be subject to the decision on application U/s 166 of the M.V.Act. The said amount of Rs. 25,000/- (Rupees twenty five thousand) shall be deposited within a period of eight (8) weeks from today. The Tribunal shall decide the application U/s 166 of the M.V.Act, preferably, by end of June 2011. The First Appeal is disposed of accordingly. (S.V.GANGAPURWALA,J.) asp/office/fa4380.08 6