ORAL JUDGMENT

1. By this appeal, the appellant-Insurance Company has challenged order dated 21-4-2011 passed by the learned Motor Accident Claims Tribunal (Aux.), Sabarkantha at Himatnagar below Ex.5 in MAC petition No.928 of 2008.

2. It is submitted by learned advocate for the appellant that Insurance Company has raised contention in reference to breach of condition of policy as well as statutory rights available to the Insurance Company, while deciding application under Sec.140 of the Motor Vehicles Act. In view of a decision of this Court in the case of United India Insurance Co.Ltd. Vs. Sidikbhai Ukabhai Solanki and Anr. reported in 2012(2) GLH 465, the appellant-Insurance Company has preferred this appeal. Thus, present No Fault Liability award would be treated as constructive resjudicata while deciding claim petition filed under Sec.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 learned Tribunal not to treat the order passed by the learned Tribunal below application under Sec.140 as constructive resjudicata nor will it come in any way while deciding ma