1 FA 1906 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 1906 OF 2010 Bajaj Allianz General Insurance Co. Ltd. Appellant V E R S U S Pravin Balasaheb Jadhav & another Respondents Mr. P.C. Mayure, Advocate h/f S.G. Chapalgaonkar, Advocate for appellant Mr. D.R. Jaybhar for respondent No.1 Mr.N.B. Narwadei, Advocate for respondent No.2(absent) CORAM : S.V. GANGAPURWALA, J. DATED : 7th April, 2011 PER COURT : 1. Admit, taken up for final hearing with the consent of parties. 2. This appeal is filed against the order / Award passed by the Tribunal under Section 140 of the Motor Vehicles Act. The Tribunal has awarded Rs. 25,000/- (Rs. Twenty five thousand) to the claimants under Section 140 of the Motor Vehicles Act. 3. Shri Mayure, learned counsel for the appellant, contends that the claimant was traveling on the head of the trolley and there is a breach of condition of the policy and the Insurance Company would not be liable to pay the said amount. 2 FA 1906 of 2010 4. Shri Jaybhar, learned counsel for respondent No. 1, states that the Tribunal has properly considered that the accident occurred due to failure of the break of the tractor and respondent No. 1-owner of the vehicle admits involvement of the the vehicle n the accident. 5. This is an Award passed under Section 140 of the Motor Vehicles Act, without entering into the merits of the matter, I dispose of the appeal and direct that the amount of Rs. 25,000/- (Rs. Twenty Five thousand) deposited by the appellant be remitted to the Tribunal. The Tribunal would keep the said amount in fixed deposit in any Nationalized Bank. The learned Tribunal shall dispose of the proceedings under Section 166 of the Motor Vehicles Act. The amount of Rs. 25,000/- (Rs. Twenty Five thousand) which is being kept in fixed deposit shall be adjusted pursuant to the order passed under Section 166 of the Motor Vehicles Act. 6. I have disposed of the Appeal without entering into the merits of the matter. The Tribunal shall dispose of the proceedings under Section 166 of the Motor Vehicles Act on its own merits. Consequently, First Appeal is disposed of. ( S.V. GANGAPURWALA, J ) SDM*1906.10FA/070411.