1 FA 2793/2010 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 2793/2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : SMT. MRIDULA BHATKAR, J. DATED : 26th Sept., 2011. Mr. S.G. Dargad, Advocate for the appellant. Mr. P.C. Mayure h/f Mr. P.P. Bafna, Advocate for respondent No.2. 1. Heard. 2. This first appeal is filed against the order dated 30/08/2010 passed by learned Member, Motor Accident Claims Tribunal, Vasmatnagar, District Parbhani rejecting the application of the claimant under section 140 of the Motor Vehicles Act, 1988. The learned counsel for the appellant submits that the original claimant i.e. appellant has filed claim application against respondent No.1 driver and owner of the jeep which was involved in the accident and respondent No.2 the Insurance Company. The application u/s 140 was rejected on merit only against the Insurance company. He informs that entire claim petition under section 166 of the Motor Vehicles Act, is dismissed, against respondents No.1 and 2 as steps are not taken. So it is necessary for the claimant / 2 FA 2793/2010 appellant to get the original claim application restored against respondents No.1 & 2 and therefore, the advocate appearing for the original claimant has informed him that he has filed an application for restoration of the claim against respondent No.1. 3. Learned counsel submits that he be allowed to withdraw this petition or the matter be remanded with liberty to file fresh application after restoration of the application and taking steps accordingly in the original petition and moving the same application under section 140. 4. In view of this, as the proper opportunity is not given to the original claimant / appellant, the impugned order is set aside. The matter is remanded to the M.A.C.T., Vasmatnagar. The appellant is directed to take steps accordingly. [SMT. MRIDULA BHATKAR, J.] ts k/2011/Sept.26/fa2793.10