1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 948 OF 2007 Bajaj Allianze General Insurance Co. Through its Branch Manager, Rajendra Chamber, Adalat Road, Aurangabad. ....Appellant. Versus Bhagwant Kishan Tambile, R/o. Wadner, Tq. Paranda, Dist. Osmanabad & others. ....Respondents. Shri. S.G. Chapalgaonkar, Advocate for the appellant. CORAM : R.K. DESHPANDE, JJ. DATE : 6th August, 2009 PER COURT : 1. This appeal challenges the order dated 10th of April 2007 passed by the learned Chairman, Motor Accident Claims Tribunal, Osmanabad below Exh. 5 in MACP No. 110/2006 i.e. on the application under section 140 of the Motor Vehicles Act, 1988 for an award of interim compensation of Rs. 50,000/-. 2. The learned counsel for the appellant challenges the order on the ground that F.I.R. dated 8.4.2006 lodged by the claimants, indicates that the deceased Balaji was a gratuitous passenger in the goods vehicle and therefore, this document prima facie indicates that the Insurance Company is not liable for payment of compensation. 2 3. I have gone through the order passed by the Tribunal. The Tribunal has considered the pleadings in the claim petition which is to the effect that the victim was cleaner and in that capacity, he was travelling in the vehicle and hence, he was prima facie covered by the Insurance Company. The Tribunal has recorded that it is a disputed question of fact about the status of victim and the same cannot be decided at this stage. In my view, the order passed by the Tribunal cannot be said to be illegal or suffering from any infirmity. The view taken by the Tribunal is a possible view on prima facie case. Hence, there is no substance in the instant appeal. The same is, therefore, dismissed. 4. However, it is made clear that any observations made by the Chairman, Motor Accident Claims Tribunal, Osmanabad in his order dated 10th of April 2007 or by this Court in this order shall not influence the final decision in the matter. 5. The learned counsel for the appellant states that the appellant has deposited an amount of Rs.25,000/- on 5.7.2007 in this Court. The same is therefore, directed to be transmitted to the Tribunal. [ R.K. DESHPANDE, J. ] ssc/fa948.07