1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. First Appeal No. 1028 of 2009 MSRTC v. Smt Shabilabai and ors -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr A.S. Mehadia, Adv for appellant Mr Ranjeet Bhuibhar, Adv for respdts 1 to 5 Mr D.S. Dharaskar, Adv for respdt no.9 Respondents no. 7 and 8 served. Coram : A.P. Bhangale, J Dated : 1st December 2009 1. By this appeal appellant MSRTC prays for modification of award passed in MAC No. 279/98 dated 25.8.2006 passed by the Motor Accident Claims Tribunal, Yavatmal. 2. Victim Syed Abdul who was coolie on a jeep, was given dash by a bus of appellant MSRTC as a result of which he fell down, received head injury and succumbed to the injury later on. Respondents no. 7 and 8 were owner and driver of the offending vehicle. Present appellant and driver of bus were jointly and severally directed to pay Rs. 3,66,000/- to claimants inclusive of amount of no fault liability and they were granted leave to recover 60 per cent compensation from present 2 respondents no. 7 and 8. 3. Claimants have received amount paid by the appellant. It is contended that appellant is not liable to pay rest of 60 per cent amount of compensation, as ordered by the Tribunal. 4. Learned counsel for respondents no. 1 to 5 does not dispute that liability for payment of 60% compensation is that of original respondents no. 1 and 2 in the claim petition who are impleaded as respondents no. 7 and 8 in the appeal as they are owners of offending vehicle and are responsible for 60 per cent share in the amount of compensation. He, therefore, states that respondents no. 1 to 5 would proceed with execution for recovery of award amount as against respondents no. 7 and 8 only (respondents no. 1 and 2 in claim petition). In view of this statement, learned counsel for appellant does not want to press the appeal. Appeal stands disposed of accordingly. Refund of court fee as per rules. Judge. Hsj