1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO.1373 OF 2008 Bajaj Allianz General Insurance Co. Ltd., Appellant V/s Chatrabhuj Tukaram Shlke and others. Respondents ------------------------------------------------------------------------------------------------------- Mr. S. G. Chapalgaonkar, Advocate for Appellant. Mr. H. V. Patil, Advocate for the Respondent No.2. ------------------------------------------------------------------------------------------------------ (CORAM : R.K. DESHPANDE, J.) DATE : 14th September, 2009. PER COURT : 1. Heard Shri. S. G. Chapalgaonkar, the learned Counsel appearing for the appellant and Shri.H. V. Patil, the learned Counsel for the Respondent No.2. This appeal challenges the Order dated 13th September, 2007 passed by the Motor Accident Claims Tribunal, Latur below Exhibit-5 in Motor Accident Claim Petition No.332/2006. This order was passed under section 140 of the Motor Vehicles Act, 1988 and the respondent nos. 1 to 3 jointly and severally liable to pay an amount of Rs.25,000/- to the claimants within a period of two months from the date of this order. The learned Counsel appearing for the appellant states that, an amount of Rs. 12,500/- was deposited in this Court on 14.01.2008 and further an 2 amount of Rs.12,500/- was further deposited in this Court on 21.08.2008. Thus, the appellant has deposited an amount of Rs.25,000/- in this Court. The parties are trying to settle the matter out of the court and there is possibility of settlement. Hence put up after three weeks. 2. The learned Counsel appearing for the appellant has placed on record the copy of the order passed under section 166 of the Motor Vehicles Act, 1988 by the Member, Motor Accident Claims Tribunal, Latur in M.A.C.P. No.332/2006, by which the claim petition has been dismissed for want of involvement of the vehicle. It is further directed that, the claimants were already awarded compensation of Rs.25,000/- under the principle of no fault liability and therefore, the respondent no.3 is entitled to recover the same, if it is paid, from the claimant. The said award is marked as `X' for identification. 3. In view of the award dated 10.07.2009 marked as Exhibit `X' nothing survive in this Appeal and same is therefore disposed as such with directions to permit the appellant company to withdraw the amount of Rs. 25,000/- deposited by it. There shall be no order as to cost. (R.K. DESHPANDE) JUDGE GAS/fa1373.08 3