ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO. 751 OF APPEAL NO. 751 OF APPEAL NO. 751 OF 1991 1991 1991 The New India Assurance Co.Ltd. Sangli. ...Appellant. Vs. Mr.Vasant Dungarsee Thakkar & Ors. ...Respondents. Mr.S.M.Dange for the Appellant. Mr.T.S.Ingale for Respondent Nos.1 and 2. Mr.S.M.Vidyarthi for Respondent No.5. Mr.Rupesh Bobde i/by Mr.U.R. Mankapure for Respondent No.6. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 2nd June, 2008 : 2nd June, 2008 : 2nd June, 2008. ORAL ORAL ORAL JUDGMENT:- JUDGMENT:- JUDGMENT:- . This is a First Appeal filed by the New India Assurance Co. Ltd. against the order dated 26/10/1990 whereby the original claimant’s petition under Section 92A of the Motor Vehicles Act for claiming compensation, was allowed to the extent of Rs.25,000/- with interest @ 12% p.a. from the date of petition. Without going further into the matter, admittedly the main M.A.C.P.No. 237 of 1988 has been allowed by judgment and order dated 11/03/1999 but only against Respondent Nos.1 to 3. The Petition was dismissed against the other respondents including the ( 2 ) Appellant in the present Appeal. 2. In view of this, without observing anything in the merit of the matter as the original claimant has already withdrawn the said amount but in view of the dismissal of the claim against the present appellant the present Appellant is at liberty to recover the same from original claimant if already paid, by following due procedure of law. 3. In view of the above observations, the present first Appeal is disposed of. . No costs. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)