1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.1319/2009 with CA NO.5882/2009 (Bajaj Allianz General Insurance Co.Ltd. Vs. Rekha Jamdhade and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SG Chapalgoankar, Adv. for appellant; Mr.SS Rathi, Adv. for Resp.Nos. 1 to 6; Mr.BA Shinde, Adv. for Resp.No.7 ___ CORAM : K.U.CHANDIWAL, J. DATE : 20 th January, 2010. ... 1) Heard both the counsel. 2) The matter relates to challenge in terms of order under Section 140 of Motor Vehicles Act. The claimants assert that the death is occasioned on account of involvement of the tractor/vehicle. However, the appellant/insurance company submits that it was an accident with a thresher and had given a colour of tractor accident. 3) At this stage of the mater, since evidence will have to be adduced to accept the contentions raised by the appellant herein, without adverting to the merits of the matter in terms of Section 140 of Motor Vehicles Act, following order is passed. 2 4) The learned Member of Motor Accident Claims Tribunal/District Judge-3, Parbhani, seized with the matter, shall endeavour to dispose of the Claim Petition within a period of three months of receiving the record. 5) The amount of Rs.50,000/- directed to be paid by the appellant/insurance company, need not be paid to the original claimants till decision of the Claim Petition under Section 166 of the Motor Vehicles Act. 6) The appeal allowed to the above extent. 7) Registrar of this Court to remit an amount of Rs.50,000/- to the learned Member of MACT, Parbhani immediately. 8) CA disposed of. (K.U.CHANDIWAL) JUDGE bdv/fa1319.09