1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 1520 OF 2009 WITH Civil Application No. 10813 of 2010 with Civil Application No. 7224 of 2009 Royal Sundaram Alliance Insurance Co. Ltd., 46, Whites Road, Chennai 600 014, Through its authorized officer, at Chennai Appellant V E R S U S Onkar s/o Rampratap Chandak, Aged 45 years, Occupation Service, R/o at present B & C Sub-Division, At Paranda, Taluka Paranda, District Osmanabad Respondent Mr. A.S. Deshpande, Advocate for the appellant Mr. R.F. Totala, Advocate for the respondent CORAM : A.V. NIRGUDE, J. DATED : 10th August, 2010 PER COURT : 1. This appeal is filed against the order passed on the respondent's application under Section 140 of the Motor Vehicles Act , 1988. The main petition under Section 166 of the Act is still pending. The facts leading to this litigation are almost admitted. 2. The respondent is owner of a motor vehicle and he had purchased a package Insurance Policy from the appellant. In this package policy, the appellant accepted the risk of personal accident of the respondent / owner of the vehicle. They agreed to pay any amount up to Rs.2,00,000/- for the injury or death caused to the owner-driver subject to the conditions of the policy. In view of this, the 2 issue of compensation / liability of the appellant is solely governed by the terms of the agreement of policy and such question would be beyond the scope of Section 147 of the Motor Vehicles Act. In view of this, the petition under Section 140 of the Motor Vehicles Act was not maintainable before the Motor Accident Claims Tribunal. The appeal to that extent should succeed. The interim order stands set aside. The amount deposited by the appellant shall be refunded to them. Appeal stands partly allowed. In view of above, Civil Applications No. 7224 of 2009 and 10813 of 2010 stand disposed of. (A.V. NIRGUDE, J.) srm/fa/1520/09