1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1347 OF 2010 Blasaheb Ramrao Patil .. Appellant Versus Ayodhyabai Ashok Ambhore and others .. Respondents Shri Mahesh V. Ghatge, Advocate for the Appellant. CORAM : S. V. GANGAPURWALA, J. DATE : 13TH OCTOBER, 2010. PER COURT : . Heard Shri Ghadage, learned counsel for the appellant. This is an appeal against the award passed by the Motor Accident Claim Tribunal U/Sec. 140 of the Motor Vehicles Act. 2. The present appellant is the owner of the offending vehicle. The FIR is registered against the driver of the said vehicle. The present respondent had filed claim petition bearing No. 202/2009 U/Sec. 166 of the Motor Vehicles Act along with application U/Sec. 140 for grant of compensation amount under no fault 2 liability. It is the case of the appellant that on 26.09.2008 the deceased was returning to Naigaon on motorcycle. At that time one car bearing registration No. MH-26/L-2344 was been driven in rash and negligent manner and gave dash to the motorcycle. The deceased succumbed to the injuries sustained in the said accident. The claim petition was filed by the widow, daughters and the son of the deceased. The Tribunal awarded the amount of compensation under no fault liability. An amount of Rs. 20,000/- was directed to be awarded to the widow and Rs. 10,000/- each was directed to be kept in fixed deposits in any nationalized bank. 3. The owner of the offending vehicle has assailed the said award before this Court. 4. Shri Ghatge, learned counsel for the appellant submitted that his vehicle was not at all involved in the accident. There is no iota of evidence in this regard. He further submitted that the Tribunal has not dialected on all these aspects of the matter and in a very casual manner has allowed the application under the no fault liability. According to the learned counsel, even at the stage of granting compensation U/Sec. 140 of the Motor Vehicles Act, the Tribunal has to prima facie satisfy, which does not depict 3 from the order that has been passed. 5. With the assistance of learned counsel for the appellant, I have gone through the award passed by the Tribunal and Tribunal has considered the copy of the FIR, crime detail form, the postmortem report, the statement of complainant, the driving license of the driver of offending car, this prima facie shows the involvement of the vehicle in question. No doubt it is only after the evidence is recorded the Tribunal would conclusively come to the conclusion, but at this stage of determination of application U/Sec. 140, for prima facie satisfaction, said evidence was sufficient. Moreover only an amount of Rs. 20,000/- is directed to be paid to the widow and the rest of the amount has been directed to be kept in the fixed deposit in the name of minors. In that view of the matter, no prejudice will be caused to the appellant. As such, the first appeal is dismissed, however, with no order as to costs. [S. V. GANGAPURWALA, J.] bsb/Oct. 10