1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.761 OF 1995 Maharashtra State Road transport Corpn. Appellant versus Smt.Najma Sayyad Altaf Shaikh and others Respondents Mr.G.S.Hegde a/w C.M.Lokesh for appellant. CORAM : A.S.OKA, J. DATE : 25th March 2010 JUDGMENT :- 1. Heard learned counsel for the appellant-Maharashtra State Road Transport Corporation. The challenge in this appeal is to the judgment and award dated 29th August 1994 passed by the learned Member of Motor Accident Claims Tribunal in Claim Application No. 232 of 1988. By the impugned judgment and award the appellant has been directed to pay the compensation of Rs.50,000/-. It must be stated that two claim petitions were filed arising out of the same accident and the said two claim petitions being Claim Petition Nos. 231/1988 and 232/1988 were heard and decided by a common judgment. A finding was recorded that the accident occurred due to 2 rash and negligent driving on the part of the drivers of both the vehicles involved in the said accident. The learned Member of the Tribunal held that the contribution of the driver of the bus owned by the appellant was to the extent of 30%. 2. First Appeal No.758 of 1995 was filed by the appellant for challenging the award made in Claim Petition No.231 of 1988. The said appeal was heard and decided on 1st April 2005 by this Court. the finding recorded by this Court is that the driver of the bus owned by the appellant was in no way responsible for the accident and, therefore, the finding as regards negligence as against the driver of the appellant was set aside. 3. This appeal will also be governed by the same judgment. The compensation awarded in the present case is Rs.50,000/- inclusive of amount payable under no fault liability. The appeal will have to be allowed to the extent to which claim petition under section 166 of the Maharashtra Motor Vehicles Act, 1988 was allowed. 4. Hence, I pass following order :- (A) The impugned judgment and award in Claim Petition No.232 of 1988 passed under section 166 of the Motor Vehicles Act, 1988 is 3 quashed and set aside; (B) It is clarified that the award passed under section 140 of the said Act of 1988 will remain; (C) The first appeal is accordingly allowed with no order as to costs. (A.S.OKA, J.)