1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 278/2010 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Shri S. S. Deshmukh, Advocate for appellant. Shri R.R. Kale h/f for Shri R.B. Deshmukh, for respondent no.1 to 4. Shri M.M. Ambhore, Advocate for respondent no.6. ............................ [CORAM : K.U. CHANDIWAL, J ] DATE : 10th FEBRUARY, 2010. PER COURT : 1 Heard. 2 The appellant / original respondent feels aggrieved by award in term of Section 140 of the Motor Vehicles Act, fixing liability to pay amount of Rs.50,000/- to the claimants. 3 The contentions of Mr Deshmukh are two fold; (i) the appellant had no opportunity to oppose the application (ii) the application could not have been 2 allowed in terms of there being valid insurance of the vehicle involved and the limited liability of the appellant would meet the claim. Prima facie I find, the appellant succeeds in the grievance. 4 While adverting these aspects, still the evidence has to be adduced, hence care can be taken as the appellant / original respondent no.1 has deposited statutory amount of Rs.25,000/- in this court. 5 The matter is remitted to the learned judge, the order is set aside and application under section 140 of the Motor Vehicles Act, to be taken up with the petition u/s 166 of the Motor Vehicles Act. 6 The claimants are at liberty to withdraw the amount of Rs.25,000/- deposited by appellant, which will be without prejudice to the right of the appellant to stake claim for its reimbursement. The appeal is allowed to the effect as indicated above. 7 Civil application also disposed of. [ K.U. CHANDIWAL, J ] tsk/fa278.10