1 First Appeal No. 1736.09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.1736 OF 2009 [ United India Insurance Company Ltd. Vs. Ashok Sitaram Prasad and others] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.A.G.Kanade,Advocate for Appellant. Shri.Sandeep S. Deshmukh,Advocate for Respondent Nos.1 to 3. .... CORAM: SHRIHARI P.DAVARE, J. DATE : 12th JANUARY,2011. PER COURT : 1. Heard. 2. This First Appeal is preferred by Original respondent No.3- Insurance Company against the order below Exh. 5, under section 140 of the Motor Vehicles Act, in Motor Accident Claim Petition No. 13 of 2007 passed by District Judge-4, Aurangabad. 3. However, Mr. Kanade, learned counsel appearing for Insurance Company produced xerox copy of the Judgment and Order 2 First Appeal No. 1736.09 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders dated 31st July, 2010, in Motor Accident Claim Petition No. 13 of 2007, passed by Member, Motor Accident Claims Tribunal and District Judge-7, Aurangabad stating that respondent No.3 - Insurance Company has been exonerated from the said petition and the said petition has been dismissed against original respondent No.3 i.e. Appellant. The said copy is taken on record and marked as Exhibit “X”. 4. In view of the aforesaid facts nothing survives for consideration in the present Appeal, same stands disposed of as infructuous. 5. In the light of aforesaid facts amount of Rs.51875/-(Rupees Fifty One Thousand Eight Hundred Seventy Five only)deposited by the appellant herein, in the Court of Motor Accident Claims Tribunal, Aurangabad on 08.08.2008 be refunded to the appellant. Sd/- [SHRIHARI P.DAVARE, J.] MTK 3 First Appeal No. 1736.09 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders