FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CIVIL APPLICATION NO.: 4809 OF 2009 IN FIRST APPEAL NO.: 1078 OF 2008 1. Shri N.C.Garud for the Applicant and Shri A.B.Gatne, Advocate for the Respondent Insurance Company are present. 2. Shri Gatne for the Insurance Company states that it is a case of breach of terms and conditions of the policy and therefore, the appeal is filed. The N.F.L. award passed is under section 140 of the Motor Vehicles Act and, therefore, the amount should not be paid to the claimants as the insurance company is not liable. Already appeal is admitted. Shri Garud states that whether the deceased was passenger or not is the question of fact which can be only decided after evidence is led in proceedings under section 166 of the Motor Vehcles Act and not at this stage. In the facts and circumstances of the case, this application can be allowed on certain terms so as to protect the interest of the insurance company who has deposited the amount. 3. In the result, application is allowed. The amount deposited by the insurance company shall FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. be transferred to the Motor Accident Claims Tribunal, Ahmednagar. The amount of Rs.25,000/- be paid to the Applicant No.1 Mandabai, who is only major applicant on furnishing security to the satisfaction of Motor Accidents Tribunal, Ahmednagar. The remaining amount be kept in F.D.R. for a period of one year. Civil application accordingly is disposed of. [P. R. BORKAR, J.] Dated:19.06.2009 ans/4809