- (1.) This is an appeal against order passed under Section 140 of the Motor Vehicles Act. The submission is that the deceased was sitting in a tractor and he was travelling as a gratuitous passenger and therefore, he is not entitled to any compensation whatsoever. Learned Counsel appearing on behalf of the Insurance Company tried to rely upon a number of Supreme Court decisions.
(2.) I am of the view that since it is at the initial stage, only Rs. 50,000/- is to be paid on a no fault basis. I am not inclined to interfere in the matter at this stage. This High Court in a decision of M/s. Oriental Insurance Company Ltd. v. Ghasiya Minz alias Oraon & others, 2009 1 TAC 566 , declined to examine the merits of the case since all these questions will be decided under Section 166 of the Motor Vehicles Act by the Claims Tribunal and the matter will be completely thrashed out after recording evidence.
(3.) In view of this decision, the appeal is dismissed and the claimant is permitted to withdraw the statutory amount deposited by the appellant. It goes without saying that the Insurance Company will be at liberty to recover this amount from the owner of the vehicle, in the event the Insurance Company is not liable to pay the claim amount. The appeal is accordingly dismissed.;