FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. ---------------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | FIRST APPEAL NO.1679/2007 Shri S.G.Chapalgaonkar,Adv.for appellant. Shri K.M.Shingare,Adv.for R.1 to 4. Shri R.F.Totla,Adv.for R.9. .... CORAM : R.K.DESHPANDE,J. DATE : 7TH AUGUST, 2009. 1] Heard Shri Chapalgaonkar, learned counsel for appellant, Shri K.M.Shingare,learned counsel for Respondents 1 to 4 and Shri R.F.Totla,learned counsel for Respondent no.9. The other respondents are served, none appears for them. 2] This is an appeal challenging the order dated 2/8/2007 passed by Motor Accident Claims Tribunal at Aurangabad on the application below Exh.5 in M.A.C.P.No.586/06 whereby the claimants were held entitled to Rs.50,000/- with interest thereon at the rate of 7.5% p.a. from the date of petition to its realization. The appellant insurance company is respondent no. 3 in the claim petition and by the impugned order respondents 1 to 3 were directed to jointly and severally deposit an amount of Rs. 25,000/- with interest thereon. 3] The learned counsel appearing for the respective parties have brought to my notice that the Tribunal has passed final award under Section 166 of the Motor Vehicles Act, 1988 on 6/2/2008 whereby the appellant who is the original respondent no.3 in the claim petition has been exonerated. The Tribunal has further passed an order that if the respondent no.3 has deposited any amount in this Court under the no fault liability, it may be returned to it. The learned counsel for the appellant states that an amount of Rs. 12,500/- was deposited in this Court on 26/11/2009 and in view of the final order passed by the Tribunal, the appellant is entitled to refund of the said amount. 4] There is no dispute that the final order has been passed under Section 166 of the Motor Vehicles Act, by which the appellant insurance company is completed exonerated and the amount of deposit has been directed to be refunded to the appellant company. In view of this, nothing survives in the present First Appeal No. 1679/07 as the matter is finally concluded by order of the Tribunal. The appellant shall, however, be entitled to withdraw an amount of Rs.12,500/- deposited in this Court. The instant appeal therefore, stands disposed of in the aforesaid terms. There shall, however, be no costs. (R.K.DESHPANDE, J.) umg/fa1679-07