1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD F.A. STAMP NO. 19687/2009 WITH F.A. NO. 3072/2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Shri G. R. Syed, Advocate for appellant. Shri V. R. Naik, Advocate for respondents No.1,3, and 4. Shri V.R. Mundada, Advocate for respondent No.5. ........................... [CORAM : K.U. CHANDIWAL, J ] DATE : 10th FEBRUARY, 2010. PER COURT : 1 Heard. 2 The appellant / owner of the truck feels aggrieved by the award fixing liability to the extent of 80% as contributory negligence in the accident with offending vehicle TATA Sumo. The grievance of the appellants is, the evidence is not properly appreciated by the learned Chairman, M.A.C.T., Jalna. 2 That apart, there was no proper prosecution on behalf of the appellant as the appellant / owner of the truck could not attend matter diligently resulting in the award against him. Elaborately merits are explained. 3 Considering the difficulties expressed and settled position of law, requiring to address the evidence concerning negligence or contributory negligence, the matter needs to be remitted to the learned judge to give opportunity to the appellant to adduce evidence to challenge contention of the claimant. 4 The claimants in both appeals shall not face prejudice, as care is taken for remittal of the amount under award to the respective claimants. In the light of above details, the amount directed to be disbursed in favour of the respective claims, shall be subject to final adjudication of claim petitions no. 136/2005 and 184/2005. Hence, order. 3 a) Both the appeals are allowed. No costs. b) The order under challenge in M.A.C.P. No. 136/2005 and 184/2005 of the learned Chairman, M.A.C.T. Jalna is set aside. c) The learned Chairman will hear both the claim petition afresh. d) The parties to appear before learned Chairman, M.A.C.T., Jalna on 11th March, 2010. e) The learned Chairman is requested to ensure to completing hearing within six months. The parties will adhere time schedule scrupulously. f) The court has not opined on merits of the respective contentions. g) Respective civil applications disposed of. [ K.U. CHANDIWAL, J ] tsk/fast19687.09