1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 4861 OF 2009 Latabai w/o Vasantrao Waghmare & others .. PETITIONERS VERSUS Nagnath s/o Bapu Waghmare & others .. RESPONDENTS Mr. S.M. Kulkarni, Advocate for the petitioners. ===== CORAM : R. M. BORDE, J. DATE : 15th December, 2009 PER COURT : 1 Order passed by the Member, Motor Accident Claims Tribunal, Osmanabad on 6-5-2002 below exh. 1 in Misc. Application no. 10/2003 is subject matter of challenge in this petition. 2 While disposing of the claim petition, the learned Member, Motor Accident Claims Tribunal, Osmanabad by order dt. 17-5-2003 held the insurance company entitled to recover Rs.50,000/- from the owner under the presumption that the amount was already paid to the claimants by the owner towards ‘no fault liability’. However, it transpires while disposing of 2 Misc. Application no. 10/2003 that the claimants infact have not received any amount towards ‘no fault liability’ from the owner and as such there was no question of securing recovery of said amount by the insurance company. Under the award passed by the Member, Motor Accident Claims Tribunal, liability is saddled on the owner and driver of the vehicle in respect of payment of compensation. Thus, it would mean that the responsibility to pay the amount of compensation inclusive of ‘no fault liability’ is that of the owner and driver. Learned Member, Motor Accident Claims Tribunal, Osmanabad has not committed any error in correcting the mistake occurred while disposing of the claim petition by earlier order passed on 17-5-2003. Even otherwise, there is no merit in the petition. Order passed by the tribunal is legal and proper. No interference is called for in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. Petition therefore stands rejected. 3 In view of dismissal of petition, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp4861.09.odt