1 FA.407.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FARAD CONTINUATION SHEET No. FIRST APPEAL NO. 407 OF 2009 AND CIVIL APPLICATION NO. 2122 OF 2009 IN F.A. 407 OF 2009 (Satish S/o Maruti Kamble and anr. VERSUS Surekha Madhavrao Biradar and ors.) Mr. R.B. Deshmukh, Advocate for the appellants/applicants Mr. Sanjay Mundhe, Advocate for respondent nos. 1 to 4 Mr. S.G. Chapalagaonkar, Advocate for respondent no.5 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders P.C.:- 1] Heard respective counsel. The award in terms of section 140 of the Motor Vehicle Act is questioned by the original respondents. At this stage of the matter, though the appellants (original respondents) submit that the appellants have indeed tendered their reply which has not been considered by the learned Judge, the fact remains that the petition under section 166 of the Motor Vehicle Act, is yet to be decided on it's own merits. 2 FA.407.2009 2] The order under challenge being under section 140 of the Motor Vehicle Act, does not require any interference. If the appellants succeed ultimately in proving their innocence to answer the claim in main petition, the learned Judge shall certainly take precaution to that effect. The statutory amount of Rs.25,000/- deposited in this Court be remitted to the learned Motor Accident Claims Tribunal, Udgir in M.A.C.P. no. 21 of 2008, to be distributed to the claimants on security. 3] The First Appeal is disposed of in above terms. Consequently, Civil Application no. 2122 of 2009 also stands disposed of. Sd/- DT. : 22.04.2010 (K.U. CHANDIWAL, J.) arp