1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 739 OF 2009 WITH CIVIL APPLICATION NO. 2207 OF 2008 The United India Insurance Co. Ltd. ... Appellant V/s. Smt. Anuradha Dinesh Awale & Ors. ... Respondents Mr.Rohan Dorandale,Advocate, for the appellant. Mr. Atul Katkar i/b. Mr. Dilip Bodake,Advocate, for the respondent Nos.1, 4 & 5. CORAM: J.H.BHATIA,J. DATE: 24th July, 2009. P.C. 1. Deceased Dinesh was travelling on a motor-cycle on 29.12.2004 on the Express Highway and due to bursting of tyres, he fell down and died. The vehicle was admittedly insured with the present appellant. The Insurance Company has taken a plea that two-wheelers are not allowed to ply on the Express Highway and, therefore, the Insurance Company is not liable to pay compensation. The main petition is still pending before the Tribunal. However, the Tribunal has passed an order under Section 140 of the Motor Vehicles Act directing the Insurance Company to pay the amount of Rs.50,000/- as compensation on principle of no fault liability. That order is sought to be challenged in the present appeal. 2 2. Even though it is a First Appeal, I am not inclined to entertain the same because all these questions can be raised when the main petition for compensation would be tried by the Tribunal. The Appeal stands dismissed. 3. Civil Application No.2207 of 2008 does not survive and stands disposed of. (J.H.BHATIA,J.)