1 FA 575.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 575 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. K.S.Bhore,Advocate for the appellant. Mr.A.G.Kanade, Advocate for respondent no. 2. Mr.M.B.Kolpe, Advocate for respondent no. 3. .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 06/04/2011 PER COURT : 1. The appellants have filed the present Appeal assailing the order passed by the Tribunal under Section 140 of the Motor Vehicles Act [ For short, ‘ said Act ’ ], whereby the present respondent no. 3 was granted 50 % of the amount i.e. Rs. 25,000/-. 2. Mr. Bhore, the learned counsel for the appellants submits that the respondent no. 3 in fact is not entitled for any amount as she is not the legally wedded wife of the deceased and the appellant no.1 is the legally wedded wife of the deceased. It is informed by Mr. Bhore and Mr. Kolpe, the learned counsel that the Tribunal has also decided the application under Section 166 of 2 FA 575.2011 the said Act and the respondent no. 3 has been granted 1/3rd share. Even the amount of Rs. 25,000/- which was awarded to the respondent no. 3 pursuant to the impugned order in the present Appeal, has been withdrawn by the respondent no. 3. 3. In light of the fact that the amount of Rs. 25,000/- awarded under the impugned Judgment is already withdrawn, so also, that the application under section 166 of the said Act, nothing survives for decision in the present Appeal. The appellants are at liberty to independently challenge the Judgment and Award under Section 166 of the said Act. Needless to state that the order passed under section 140 of the said Act and the observations made therein would not come in the way of the appellants in an Appeal that would be filed against the Judgment and Award passed under section 166 of the said Act. 4. The First Appeal is accordingly disposed off, however with no order as to costs. [ S.V. GANGAPURWALA,J. ] KNP/FA 575.2011 3 FA 575.2011