:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3395 OF 2008 1. Nandakumar @ Vivekanand Shridhar Devkule and ors. ..Petitioners Vs. Smt. Shafia Tajmohommad Mulla and ors. ..Respondents Mr. K.J. Patil for petitioners. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : June 04, 2008. Date : June 04, 2008. Date : June 04, 2008. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the petitioners. By the impugned order dated 15/2/2008, the application filed by the petitioners before the Motor Accident Claim Tribunal at Islampur has been rejected by the trial court. Opponent no.2 before the Tribunal - the present petitioner no.2 is the owner of the vehicle which met with an accident and the husband of Claimant No.1 died. During the trial of the claim petition and more particularly when the cross-examination of the claimant was completed, an application was filed by the petitioners on or about 1/2/2008 praying for direction to implead the mother of the deceased as one :2: of the claimants. The Tribunal noted that in the Written Statement filed by the owner of the vehicle, no such contention was raised and in any case the application was presented at a very belated stage. it is obvious that if the award is passed by the Tribunal, the other claimants, if any, will have their own remedy for apportionment of the award amount, but certainly it is not for the contesting opponent to present an application to implead the mother of the deceased, that too at a hopelessly belated stage. 2. Hence, there is no case made out to cause interference in the impugned order passed by the Tribunal. The petition is, therefore, rejected and it is further directed that M.A.C.P. No. 39 of 2004, presently pending before the Motor Accident Claim Tribunal at Imslampur be decided, if still pending, by 31st July, 2008. 3. Writ to go to the Trial Court forthwith. :3: (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)