{1} ca860211.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.6429 OF 2009 IN FIRST APPEAL NO.1392 OF 2009 Prashant s/o Dharamchand Chordia and another Applicants Versus Ramesh s/o John Avhad & others Respondents Mr.A.N.Kakade, advocate for applicants. Mr. N.C.Garud, advocate for respondents no.1 & 2 CORAM : R.M.BORDE, J. DATE : 29th July, 2011 PER COURT: This application is presented by original respondents no.2 and 3 seeking stay of the award as against applicant no.2 – original respondent no.3. It is stated that owner of the vehicle is impleaded as party respondent no.2 to the proceeding. The vehicle was being driven at the relevant time by the driver. It is the contention of applicant no.2 – original respondent no.3 that merely because he is father of owner of the vehicle, he cannot be held liable to pay the amount of compensation. It is contended that in view of provisions of Motor Vehicles Act, it is an error to implead applicant no.2 – original respondent no.3 as party to the proceedings. The contentions raised by applicant no.2 – original respondent no.3 appear to be proper. This Court, by order dated 02.07.2009, which was thereafter continued on 17.08.2009, granted ad {2} ca860211.odt interim stay to the execution of award, in view of deposit of statutory amount by the appellants in this Court. Ad interim relief granted by this Court on 02.07.2009, which was continued on 17.03.2009, is made absolute. Civil Application is disposed of. R.M.BORDE JUDGE adb/ca860211 {3} ca860211.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.8602 OF 2011 IN FIRST APPEAL NO.1392 OF 2009 Ramesh John Avhad & another Applicants Versus Prashant s/o Dharamchand Chordiya & others Respondents Mr.N.C.Garud, advocate for applicants. Mr. A.N.Kakade, advocate for respondents no.1 & 2 CORAM : R.M.BORDE, J. DATE : 29th July, 2011 PER COURT: This is an application for withdrawal of amount deposited by the appellants in this Court. Appeal is presented by Dharamchand Chordiya, father of owner of the vehicle. The award is passed by the tribunal fastening liability jointly and severally against the respondents. Execution of the award is stayed against original respondent no.3 – appellant herein. The claimants shall have liberty to execute the award against other respondents. Applicants shall be entitled to withdraw an amount of Rs. 25,000/-, deposited by the appellant-applicant, unconditionally. Civil Application stands disposed of. R.M.BORDE JUDGE adb/ca860211