ash 1 fa-1781n1787.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1781 OF 2010 WITH FIRST APPEAL NO. 1787 OF 2010 WITH FIRST APPEAL NO. 1662 OF 2010 FA No.1781 of 2010 Sou Lalita Rajgonda Patil & Anr. .. Appellants Vs Shri Maruti Bhanudas Mahadik & Anr. .. Respondents -- FA No.1787 of 2010 Smt. Sunita Suresh Patil .. Appellant Vs Shri Vijayanand Prabhat karath & Anr. .. Respondents -- FA.NO. 1662 OF 2010 Smt. Sudha Ramesh Pawar & Ors. .. Appellants Vs Shri Nagnath Haridas @ Hariba Shinde & Anr. .. Respondents -- Shri Umesh R. Mankapure for the Appellants in both the Appeals. -- CORAM : A.S. OKA, J DATED : 21ST JUNE, 2011 P.C. ash 2 fa-1781n1787.10 . In the aforesaid Appeals, a notice for final disposal was issued. The Appeals are preferred by the original Claimants in the Claim Petitions under Section 166 of the Motor Vehicles Act, 1888 ( hereinafter referred to as “the said Act”). The Claim Petitions have been dismissed only on the ground that the Appellants have not impleaded the Driver of the alleged offending vehicle as party- Opponent to the Claim Petitions. 2. The learned counsel appearing for the Appellants on instructions states that without prejudice to the contention of the Appellants that the Driver is not a necessary party, the Appellants are ready and willing to implead the Driver as a party and, therefore, an order of remand may be passed. 3. The Respondents in both the Appeals are the same. Both the Respondents are served in First Appeal No.1787 of 2010. 4. In view of the statement made by the learned counsel appearing for the Appellants, I pass the following order. ORDER : (a) The impugned judgments and awards dated 29th ash 3 fa-1781n1787.10 June, 2010 are quashed and set aside and the Motor Accident Claim Petition Nos.267 of 2007, Motor Accident Claim Petition No. 228 of 2007 and Motor Accident Claim Petition No.37 of 2007 are restored to the file of the Tribunal . (b) On formal application being made by the Appellants, the Tribunal shall permit the Appellants to implead the Driver as a party Opponent. (c) The Claim Petitions shall be decided afresh as expeditiously as possible and preferably before the 31st March, 2012. (d) All the contentions of the parties on merits are kept open. ( A.S. OKA, J )