1. By way of this appeal the appellant Insurance Company has challenged the order dated 5.2.2014 passed by the nd learned Additional District Judge, Ahmedabad (Rural), Ahmedabad below Exh.3 in Motor Accident Claim Petition No.1181 of 2010.

2. It is submitted by learned advocate for the appellant that insurance company has raised contention in First Appeal with regard to breach of condition of policy as well as statutory rights available to the insurance company in Claim Petition filed under section 140 of the Motor Vehicles Act. In view of decision of this Court in the case of United India Insurance Co. Ltd. v/s. Sidikbhai Ukabhai Solanki and Anr. reported in 2012 (2)GLH 465, the appellant Insurance company has preferred this appeal with a view to see that present no fault liability award is not treated as constructive resjudicata while deciding claim petition under section 166 of the Motor Vehicles Act.

3. Considering the submission of learned advocate for the appellant herein, in the opinion of this Court, if necessary direction is given to the Hon'ble Tribunal not to treat the order passed by the Hon'ble Tribunal below application under Sec.140 as constructive resjudic