fa1181.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1181 OF 2010 WITH CIVIL APPLICATION NO. 9545 OF 2011 1 Smt. Rekha Jagdish Patil Age 47 years, Occ. Household, 2 Devendra Jagdish Patil, Age 22 years, Occ. Education 3 Yogesh/Abhay s/o Jagdish Patil, Age 18 years, Occ. Education 4 Sau. Vatsalabai Motiram Patil, (Died) 5 Motiram Bhila Patil, Age 81 years, Occ. Agriculture, All R/o. Waghdu, Tq. Chalisgaon District Jalgaon ...Appellants Versus Punja Bhima Pawar, Occ. Busines, R/o. Raipur Tq. Chandwad, District Nashik ...Respondent ..... Mr. V.R. Dhorde, advocate for the appellants Mr. G.V. Wani, advocate for the respondent ..... CORAM: MRS. MRIDULA BHATKAR, J. DATED: 23RD AUGUST, 2011 JUDGMENT:- 1 Admit. By consent heard finally. fa1181.10 -2- 2 In the present appeal, the husband of the appellant No.1 lost his life when the he was driving a motor cycle which collided with the tractor bearing No. MH-15-AU-1494. The said tractor was trailed two trolleys. As per the case of the appellants, the second trolley bearing No. MCN 8864 actually had an impact with the deceased and he died on the spot. 3 The appellants filed a claim petition only against the owner of the second trolley and did not make owner/driver or the Insurance company as party respondents. The incident has taken place on 16.12.2002. In the judgment and order passed on 18.1.2010, the court has referred to offending vehicle, as considered in paragraph No.7, that the accident took place due to negligence on the part of the driver of the tractor. As the tractor was found as an offending vehicle, no liability was imposed on the respondent being owner of the trolley. Moreover, the Tribunal has not considered the aspects that the owner/driver and the concerned Insurance company were necessary parties to the claim petition for proper adjudication of the claim petition. The appellant prays for remand of the matter. In the circumstances, in my view, matter requires fresh consideration. 4 In the result, the impugned judgment and award dated 18.1.2010, passed by the learned Member, M.A.C.T. Jalgaon in M.A.C.P. No. 158 of 2003 is quashed and set aside. The matter is fa1181.10 -3- remitted back to the learned M.A.C.T. Jalgaon for fresh consideration. The appellant to take necessary steps for adding the parties within one month from today and the Tribunal to secure the appearance of newly added respondents, give opportunity to both the sides to lead evidence and then decide the matter afresh within eight months from today. The parties are allowed to tender their evidence afresh. First appeal is disposed of in the above terms. 5 In view of disposal of first appeal, nothing remains to be considered in the pending civil application No. 9545 of 2011 and the same stands disposed of accordingly. *****