1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 2405 OF 2008 The New India Assurance Company Ltd. ....Appellant. Versus Ushabai w/o. Sadashiv Avchar, R/o. Bhosi, Tq. Kalamnuri, Dist. Hingoli and others ....Respondents. Shri. Ajit Kadethankar, Advocate for the appellant. CORAM : R.K. DESHPANDE, J. DATE : 6th August 2009 ORAL ORDER : 1. By this appeal, the appellant Insurance Company challenges the order below Exh. 5 dated 12.2.2008, passed by the learned Member, Motor Accident Claim Tribunal, Hingoli in Motor Accident Claim Petition No. 33 of 2006. By this order, the appellant and the respondent No. 2 owner of the vehicle, are held jointly and severally liable to pay Rs. 25,000/- as no fault liability under section 140 of the Motor Vehicles Act, 1988 to the petitioner within a period of two weeks. 2. The learned counsel for the appellant challenges the order on the ground that the claimant was travelling in the tempo bearing No. MH-38/E-301 as a passenger, which was a goods carrier and therefore, the appellant Insurance Company is not liable to make the payment because there was a breach of condition and the passengers in the goods 2 vehicle are not covered under the Insurance policy. 3. The learned Member of the Tribunal has considered this question and has prima facie arrived at a finding that the appellant Insurance Company is liable to pay the amount. The question, whether the claimant was travelling in a goods vehicle as a passenger, is disputed question of fact and is required to be adjudicated after permitting the parties to lead the evidence. Undoubtedly, the Insurance policy covered labourers also. In view of this, it is a finding based upon a prima facie case and hence, in my view, there is no reason to interfere with the said order. 4. In view of above, there is no substance in the present appeal. The same deserves to be dismissed. However, it is made clear that none of the observations made in the order passed by the learned Member in MACP No. 33/2006 below Exh. 5 which is impugned in the present appeal nor any of the observations made in the present order shall come in the way of the appellant, while deciding the matter finally. [ R.K. DESHPANDE, J. ] ssc/fa2405.08