123caf536.2010.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No. 536 of 2010 in First Appeal No.1366 of 2009 (D) (National Insurance Co. Ltd. vs. Neeta w/o. Vinod Kondekar and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: R. K. Deshpande, J. Date : March 12, 2010. Heard Mrs. S. P. Deshpande, Adv. for the appellant/applicant. This Court by an order dt. 8.2.2010 has dismissed First Appeal No.1366 of 2009 filed by the appellant/Insurance Company challenging the order dt. 16.12.2004 passed by the learned Member, Motor Accident Claims Tribunal in M.A.C.T. No.256 of 2000 on the application u/s. 140 of the Motor Vehicles Act, 1988. While dismissing this appeal, this Court had passed an order. The relevant portion of which is extracted below : “ Be that as it may, whether the deceased was travelling in a private vehicle as a fare paying passenger or as a gratuitous passenger or whether risk of the occupants of the vehicle is covered by the policy of Insurance are also disputed questions of fact and are required to be gone into on the merits of the matter. Hence, I do not find any substance in the contentions raised. In the result, there is no substance in this appeal. Same is, therefore, dismissed. It is, however, 123caf536.2010.odt 2 . made clear that the payment of amount of Rs.50,000/- along with interest shall be subject to result of the claim petition. Learned Counsel for the appellant submits that, on 4.8.2006, an amount of Rs.50,000/- was deposited in this Court in Writ Petition No. 2978 of 2006 towards the amount of compensation as directed to be paid by the Tribunal. In addition to this, she further states that an amount of Rs.25,000/- towards statutory deposit has also been deposited in this Court. Office is directed to remit entire amount to the Tribunal immediately along with interest accrued thereon for further appropriate orders in accordance with law.” Mrs. Deshpande, Adv. has invited my attention to the judgment and Award dt. 11.8.2008 passed by the Motor Accident Claims Tribunal, Chandrapur in Motor Accident Claims Petition No. 256 of 2000. The appellant/Insurance Company has been exonerated and the Claim Petition against the Insurance Co. has been dismissed. She submits that the decision is given by the Tribunal even before dismissal of First Appeal No.1366 of 2009 on 8.2.2010. However, this fact could not be brought to the notice of this Court and hence, this Court has observed in para 2 on page no.2 of the order dt. 8.2.2010 that the matter is required to be gone into on merits. In view of the fact that the Claim Petition No.256 of 2000 has been dismissed against the appellant/Insurance Co., the amount deposited by the appellant/Insurance Co. in this Court, which has been referred to in the order dt. 8.2.2010 re-produced above, is required to be remitted to the Tribunal for further appropriate orders. In view of the fact that Claim Petition against Insurance Company is dismissed, the applicant/Insurance Company 123caf536.2010.odt 3 . is at liberty to apply to the Tribunal for withdrawal of the said amount and the Tribunal shall pass appropriate orders thereon in accordance with law. In view of this, the Civil Application stands disposed of. JUDGE jais