1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 100 OF 2009 The Oriental Insurance Co. Ltd. Branch Office Sangmneer, Dist. Ahamadnagar, Through its Divisional Office at Aurangabad. ....Appellant. Versus 1. Chingubai w/o. Madhukar Chaure 2. Sunita d/o. Madhukar Chaure, 3. Anita d/o. Madhukar Chaure, 4. Krishna s/o. Madhukar Chaure, 5. Gokul s/o. Madhukar Chaure, (R-2 to 5 u/g. of mother R-1) 6. Gangubai w/o. Limbaji Chaure, 7. Limbaji s/o. Ramda Chaure, All above r/o. Jiwachiwadi, Tq. Kaij, Dist. Beed. ....Respondents. Shri. A.S. Deshpande, Advocate for the appellant. Shri. T.G.Gaikwad, Advocate for the respondents 1 to 7. Shri. D.M. Shinde h/f. Shri. S.S. Patil, Advocate for the respondent No 8. CORAM : R.K. DESHPANDE, JJ. DATE : 15th September, 2009 ORAL JUDGMENT : 1. On 28.3.2009 notices of this appeal were issued to the respondents, in response to which the learned counsel for the respective parties appeared on 20th August 2009. By consent of parties it was decided that the matter shall be decided finally at the stage of admission and hence, it was posted for final disposal, today. Admit. Heard by consent of parties. 2. This appeal preferred by the Insurance Company challenges the order dated 28th August 2008 passed by the learned Member, Motor 2 Accident Claims Tribunal, Ambajogai below Exh. 5 in MACP No. 146/2007. By this order, the Tribunal has directed the appellant Insurance Company and the owner of the vehicle, who is respondent No. 8 herein, to pay jointly and severally an amount of Rs.50,000/- towards no fault liability. The Tribunal has taken in to consideration the stand of the Insurance Company that the deceased Madhukar was travelling in a truck as fair paying passenger. The Tribunal has held that this question whether the deceased was fair paying passenger or not, can be decided only at the final adjudication of the matter and if the Insurance Company ultimately succeeds in establishing that there was a breach of the policy, it shall be entitled to get the said amount back from the owner of the vehicle. 3. The learned counsel for the appellant relying upon certain statements made in the claim petition as well as the statements recorded by the police authorities registering the offences, alleged that the deceased was travelling as a fair paying passenger in a goods vehicle. After going through the pleadings and the evidence placed on record, I am of the view that the Tribunal was right in holding that the question whether the deceased was fair paying passenger or labourer or owner of the goods, travelling in a goods vehicle, is the disputed question of fact and on prima facie opinion the Tribunal has directed the payment of no fault liability. The order of the Tribunal cannot be faulted with. The instant appeal is, therefore, dismissed with no order as to costs. 3 3. The learned counsel submits that the entire amount has been deposited by the appellant in this Court. Hence, the amount, which has been deposited by the appellant shall be immediately be remitted to the Tribunal and upon receipt of the said amount the Tribunal shall pass the order of distribution of amount. [ R.K. DESHPANDE, J. ] ssc/fa100.09