1 FA 1872.2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1872 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Mayure, Advocate holding for Mr. S.G.Chapalgaonakr, Advocate for the appellant. Mr.P.R.Katneshwarkar,Advocate for Resp.no. 1 & 2 .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 28/04/2011 PER COURT : 1. The Tribunal had passed Award U/s 140 of the Motor Vehicles Act [ For short, ‘ said Act ’ ] granting compensation of Rs. 50,000/- to the claimants on account of No fault liability. The proceedings under Section 166 of the said Act are still pending. The Insurance Company being aggrieved by the said Award has filed the present Appeal. 2. Mr. Mayure, the learned counsel for the appellant submits that the Insurance Company is 2 FA 1872.2010 not at all liable to pay any amount as the deceased was travelling in the goods vehicle. It is a case of clear breach of policy. Even the said defence was taken by the appellant, but the Tribunal while passing the impugned Award has not at all considered the same nor any reference is made to the defence of the present appellant. 3. The learned counsel for the claimants and the driver support the order passed by the Tribunal and contends that at the stage of deciding an application U/s 140 of the said Act, the detailed enquiry is not contemplated and the Court has to be satisfied about the factum of the accident, which has been done by the Court. 4. It is not disputed that the substantive proceedings U/s 166 of the said Act are still pending. No doubt, the provisions of Section 140 of the said Act are meant to provide succour to the claimants and the detailed enquiry is not contemplated. But, at the same time, prima facie, the defence for the appellant should have been considered. The perusal of the order shows that the same is not discussed by the Tribunal. 5. Be that as it may. It would be in nobody’s interest to keep the matter pending as the 3 FA 1872.2010 substantive proceedings are still pending before the Tribunal. It would be in the interest of the parties to get the substantive proceedings U/s 166 of the said Act decided at the earliest. As such, without observing anything on merits of the matter, I dispose of the present Appeal with direction to the Tribunal to decide the proceedings U/s 166 of the said Act as expeditiously as possible and preferably within the period of six ( 6 ) months from today uninfluenced by any order passed U/s 140 of the said Act. The appellant has deposited the amount under the Award in this Court. The said amount deposited be transmitted to the Tribunal, who shall keep it in Fixed Deposit and pursuant to the order that would be passed U/s 166 of the said Act, direct the payment of the said amount to the deserving party. First Appeal is accordingly disposed of. No costs. [ S.V. GANGAPURWALA,J. ] KNP/FA 1872.2010