1 F. A. No. 3174/2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 3174 OF 2009 Vishnudas Ranglalji Jaju, Age : 45 Years, Occu. : Business, R/o Ujani, Tq. Ausa, Dist. Latur. .. Appellant Versus Smt. Bhagirthi W/o Trimbak Pimpre, Age : 45 Years, Occu. : Nil, R/o Dhutta, Tq. & Dist. Osmanabad. .. Respondent Shri M. S. Patil, Advocate for the Appellant. Shri M. B. Kolpe, Advocate for the Respondent. CORAM : K. K. TATED, J. DATE : 08TH DECEMBER, 2010. ORAL JUDGMENT : . Heard learned counsel for parties. The present first appeal is preferred by original respondent challenging the order dated 28th July, 2009 passed by Commissioner/Civil Judge Senior Division, Osmanabad below Exhibit 5 in W.C. Application No. 12/2005. The respondent/original claimant filed application for compensation U/Sec. 10 of the Workmen's Compensation Act for 2 F. A. No. 3174/2009 compensation of Rs. 2,00,000/- before the learned Commissioner for Workmen's Compensation and Civil Judge Senior Division at Osmanabad on 25th February, 2009. In the said application the respondent/original claimant preferred application for compensation U/Sec. 140 of the Motor Vehicles Act that is "no fault liability". The said application decided by Civil Judge S. D., Osmanabad vide impugned order dated 28th July, 2009 directing the appellant to deposit compensation of Rs. 50,000/-. 2. The learned counsel Mr. Patil, appearing on behalf of appellant submits that in the Workmen's Compensation Act, there is no provision as appears U/Sec. 140 of Motor Vehicles Act for no fault liability. He relied on the judgment of this Court in the matter of New India Insurance Co. Ltd. Vs. Nirmalabai Rajaram Gosavi and others reported in 2009 (1) Bombay Cases Reporter 305. 3. Learned counsel Mr. Kolpe appearing on behalf of respondent submits that as the appellant has already deposited sum of Rs. 25,000/- in this Court, same can be paid to the respondent subject to final disposal of the application. 3 F. A. No. 3174/2009 4. It is admitted fact that the issue involved in the present appeal is squarely covered by the judgment of this Court in the matter of New India Insurance Co. Ltd. supra. Para 8 of this authority reads as under : "8. Perusal of the said Act of 1923 shows that there is no power conferred on the Commissioner to pass such an interim direction. Moreover, section 23 of the said Act of 1923 makes it abundantly clear that the Code of Civil Procedure, 1908 will apply only for the purpose of taking evidence on oath, for enforcing attendance of the witness and compelling production of document and material objects. In any event, there is no power vesting in the Commissioner to pass an interim order directing the opponents in a claim petition to pay interim or ad hoc compensation." 5. As there is no provision under the Workmen's Compensation Act for granting no fault liability, impugned order dated 28th July, 2009 passed by the Commissioner/Civil Judge S. D. Osmanabad is liable to be set aside. It is not possible to consider the request made by the learned counsel appearing on behalf of respondent for payment of Rs. 25,000/- deposited by the appellant as the impugned order passed by Civil Judge S. D., Osmanabad is without jurisdiction. 4 F. A. No. 3174/2009 6. Appeal is allowed. The impugned order dated 28th July, 2009 passed by the Commissioner/Civil Judge Senior Division, Osmanabad below Exhibit 05 in W.C. Application No. 12/2005 is quashed and set aside. 7. The amount deposited by the appellant in this Court to be refunded to the appellant along with accrued interest if any. 8. The Commissioner for Workmen's Compensation is directed to dispose of W.C. Application No. 12/2005 as early as possible in any case within six months from the receipt of writ from this Court or copy of order if produced by the parties. 9. The Registry is directed to send the Record and Proceedings back to the Trial Court. [K. K. TATED, J.] bsb/Dec. 10