1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.201 OF 2009 Smt.Sarubai Sanjay Aher & Ors. - APPELLANTS VERSUS Dattatraya Vishnupant Jorvekar and Ors. - RESPONDENTS ***** Mr.Amol Gandhi,Advocate for Appellant; Mr.NR Bhavar, Advocate for Respondent no.1. Mr.AB Gatne, Advocate for Resp.No.2. ----- CORAM : K.U.CHANDIWAL, J. DATE : 1st February, 2010. PER COURT : 1) Heard both the Counsel extensively. 2) In an unfortunate event, the deceased lost his precious life. The panchanama and F.I.R. indicted the Maruti car owner, who made his escape good immediately after the accident. The impact was such serious that flesh pieces of the deceased could be seen with stains to the Maruti van while the other Maruti Esteem which was subsequently dashed allegedly by the Maruti van 2 suffered its impact to doors. The panchanama and the details divulge that Bajaj M-80, the motorbike, driven by the deceased, was found near the tractor in a damaged condition. The learned Member of the Tribunal by order has fixed the liability in terms of Section 140 of Motor Vehicles Act against the owner of Maruti van - MH-17K-223. At this stage of the matter, the order does not warrant any interference to fix the liability against the tractor owner or the insurance company of the tractor. However, it is clarified, the learned Member while deciding the application in terms of Section 166 of MV Act, will not be influenced by his own observations below Exhibit-5, and will definitely assess on merits to fasten liability against those who are concerned with the accident. 3) The contention that the receipt executed by the tractor driver/owner MTZ 6430 dated 25th February, 2006 before the Police Constable of Kopergaon police Station specify that the vehicle was involved in the accident, is a misplaced submission, as since the vehicle was taken charge arising out of the accident C.R.No.I-37/2006, the concerned Constable made the reference of "accident", it will not prima facie indicate that by reference of such terminology, the tractor was the root cause for sad demise of the deceased. 3 4) With the above observations, the First Appeal lacks merit, it is dismissed. No costs. 5) R. and P. be sent immediately to the concerned. 6) The learned Member will naturally dispose of the matter within three months from receiving the record. (K.U.CHANDIWAL) JUDGE bdv/fa201.09