FA 792/10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 792 OF 2010 WITH CIVIL APPLICATION NO. 4565 OF 2010 WITH CIVIL APPLICATION NO. 3120 OF 2011 ( United India Insurance Co. Ltd. Vs. Rukhmanbai w/o Namdev Surwase & Ors. ) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders CORAM : S. V. GANGAPURWALA, J. DATED : 18th March, 2011. PER COURT : 1. Heard learned counsel appearing for respective parties. 2. The appeal against the respondent No. 5 is abated. Learned counsel for the parties agree that respondent No. 5 is the mother and other respondents are her legal heirs. In the light of the same, there is no necessity to bring legal heirs of respondent No. 5 on record. 3. The present appeal is directed against the award passed under section 140 of the Motor Vehicle Act. Shri. Kulkarni, learned counsel contended that the Insurance Company would not be liable to pay as the vehicle in question was not involved in the accident. Even the number of the vehicle is shown different in F.I.R. 4. Shri. Kale, learned counsel for the claimant submits that the Tribunal after considering the merits of the matter has passed the order. At the time of passing order under section FA 792/10 2 140, no detail inquiry is contemplated. 5. The proceedings under section 166 of the Motor Vehicle Act are still pending. Instead of deciding the matter on merits and keeping the proceeding under section 166 pending, it would be appropriate to direct the Tribunal to dispose of the proceedings under section 166 within stipulated period. 6. In view of the same, without entering into the merits of the matter, the first appeal is disposed of with a direction to the Tribunal to dispose of the proceedings under section 166 between the parties within a period of six months from today. The amount of Rs. 50,000/- (Rupees fifty thousand) deposited by the Insurance Company shall be transmitted to the Tribunal and shall be kept in fixed deposit till the disposal of the proceedings under section 166. 7. In view of disposal of the first appeal, civil applications, if any, do not survive and are disposed of. [ S. V. GANGAPURWALA, J.] ssc/fa792.10